[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
OPIOIDS IN THE HOMELAND: DHS COORDINATION WITH STATE AND LOCAL PARTNERS
TO FIGHT THE EPIDEMIC
=======================================================================
FIELD HEARING
before the
SUBCOMMITTEE ON
OVERSIGHT AND
MANAGEMENT EFFICIENCY
of the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
JUNE 19, 2018
__________
Serial No. 115-68
__________
Printed for the use of the Committee on Homeland Security
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
32-929 PDF WASHINGTON : 2018
COMMITTEE ON HOMELAND SECURITY
Michael T. McCaul, Texas, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi
Peter T. King, New York Sheila Jackson Lee, Texas
Mike Rogers, Alabama James R. Langevin, Rhode Island
Lou Barletta, Pennsylvania Cedric L. Richmond, Louisiana
Scott Perry, Pennsylvania William R. Keating, Massachusetts
John Katko, New York Donald M. Payne, Jr., New Jersey
Will Hurd, Texas Filemon Vela, Texas
Martha McSally, Arizona Bonnie Watson Coleman, New Jersey
John Ratcliffe, Texas Kathleen M. Rice, New York
Daniel M. Donovan, Jr., New York J. Luis Correa, California
Mike Gallagher, Wisconsin Val Butler Demings, Florida
Clay Higgins, Louisiana Nanette Diaz Barragan, California
Thomas A. Garrett, Jr., Virginia
Brian K. Fitzpatrick, Pennsylvania
Ron Estes, Kansas
Don Bacon, Nebraska
Debbie Lesko, Arizona
Brendan P. Shields, Staff Director
Steven S. Giaier, General Counsel
Michael S. Twinchek, Chief Clerk
Hope Goins, Minority Staff Director
------
SUBCOMMITTEE ON OVERSIGHT AND MANAGEMENT EFFICIENCY
Scott Perry, Pennsylvania, Chairman
John Ratcliffe, Texas J. Luis Correa, California
Clay Higgins, Louisiana Kathleen M. Rice, New York
Thomas A. Garrett, Jr., Virginia Nanette Diaz Barragan, California
Ron Estes, Kansas Bennie G. Thompson, Mississippi
Michael T. McCaul, Texas (ex (ex officio)
officio)
Diana Bergwin, Subcommittee Staff Director
Erica D. Woods, Interim Subcommittee Minority Staff Director
C O N T E N T S
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Page
Statements
The Honorable Scott Perry, a Representative in Congress From the
State of Pennsylvania, and Chairman, Subcommittee on Oversight
and Management Efficiency:
Oral Statement................................................. 1
Prepared Statement............................................. 3
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Ranking Member, Committee on
Homeland Security:
Prepared Statement............................................. 4
The Honorable Glenn Thompson, a Representative in Congress From
the State of Pennsylvania:
Oral Statement................................................. 5
Witnesses
Mr. Marlon V. Miller, Special Agent in Charge--Philadelphia, U.S.
Immigration and Customs Enforcement, U.S. Department of
Homeland Security:
Oral Statement................................................. 6
Prepared Statement............................................. 8
Ms. Casey Owen Durst, Director of Field Operations--Baltimore
Field Office, U.S. Customs and Border Protection, U.S.
Department of Homeland Security:
Oral Statement................................................. 14
Prepared Statement............................................. 16
Mr. David W. Sunday, District Attorney, York County,
Pennsylvania:
Oral Statement................................................. 22
Prepared Statement............................................. 24
Mr. Raymond Singley, Director, Bureau of Records and
Identification, State Police Department, Commonwealth of
Pennsylvania:
Oral Statement................................................. 26
Prepared Statement............................................. 27
OPIOIDS IN THE HOMELAND: DHS COORDINATION WITH STATE AND LOCAL PARTNERS
TO FIGHT THE EPIDEMIC
----------
Tuesday, June 19, 2018
U.S. House of Representatives,
Committee on Homeland Security,
Subcommittee on Oversight and
Management Efficiency,
Harrisburg, PA.
The subcommittee met, pursuant to notice, at 12:35 p.m., in
room 205 of the Speaker Matthew J. Ryan Building, The
Pennsylvania Capitol Complex, North 3rd Street, Harrisburg,
Pennsylvania, Hon. Scott Perry [Chairman of the subcommittee]
presiding.
Members present: Representative Perry.
Also present: Representative Glenn Thompson.
Mr. Perry. The Committee on Homeland Security, Subcommittee
on Oversight and Management Efficiency, will come to order. The
subcommittee is meeting today to examine the role of the
Department of Homeland Security's coordination with State and
local law enforcement and the opioid crisis.
Before we proceed any further, as Chair I need to make a
few important announcements. I would like to thank the
Pennsylvania State Capitol staff for hosting us today, and for
allowing us to use their excellent facility, and from my
standpoint particularly, it is just great to be here and to be
back here.
Because this is an official Congressional hearing as
opposed to a town hall meeting, we must abide by certain rules
of the Committee on Homeland Security and the U.S. House of
Representatives. I kindly wish to remind our guests today that
demonstrations from the audience, including applause and verbal
outbursts, as well as use of signs or placards, are a violation
of the Rules of the U.S. House of Representatives. It is
important that we respect the decorum and the rules of this
committee. I would also like to remind everyone that
photography and cameras are limited to accredited press only.
Without objection, Mr. Glenn ``G.T.'' Thompson will be allowed
to sit in on the dais and participate in today's hearing, and
it is ordered.
The Chair now recognizes himself for an opening statement.
Our Nation is in the midst of a deadly epidemic. Since
1999, the Center for Disease Control estimates that overdose
deaths in the United States from opioid substances, like
prescription painkillers, heroin, and fentanyl have more than
quadrupled. In 2016 alone, 67 percent of all drug-related
overdoses Nation-wide involved prescription and illicit
opioids, totaling an estimated 42,000 deaths. This is a crisis
that has affected the entire American homeland. No State or
community has been spared from devastating impacts of opioid
abuse.
In my home Commonwealth of Pennsylvania, where today we
meet in this historic State Capitol Building, the epidemic has
hit especially hard. In 2016, over 4,600 Pennsylvanians lost
their lives due to drug overdoses. Moreover, in that same year,
Pennsylvania had the fourth-highest rate of deaths due to
opioid-related drug overdoses out of all 50 States, tallying
37.9 deaths for every 100,000 people. While I am usually proud
to tout statistics about how Pennsylvania is leading the
Nation, this is one instance I wish I could say Pennsylvania is
not at the forefront.
Despite this disheartening reality, I am proud of my
Commonwealth for taking a strong and unified stance in its
response to the opioid crisis. Since January, Pennsylvania has
been operating under a State-wide disaster declaration in
response to the epidemic. The disaster declaration has allowed
the Commonwealth to mobilize State resources, improve
coordination between State agencies with the establishment of
the Opioid Command Center, and increase access to treatment for
those most in need. As a result of this unified effort, 3,660
calls have been made to the Drug and Alcohol Program hotline,
and 29,208 doses of naloxone have been distributed across the
State resulting in 1,436 overdose reversals. Additionally,
Pennsylvania's Prescription Drug Monitoring Program is
accredited with helping to reduce the number of opioids
prescribed. From 2016 to 2017, the number of opioids prescribed
in Pennsylvania decreased by 14 percent, which is the second-
highest reduction rate across the country. Pennsylvania can
certainly be proud of this statistic.
In addition to State and local efforts, the Federal
Government also plays a major role in fighting the opioid
crisis. For example, the Department of Homeland Security's
Immigration and Customs Enforcement Homeland Security
Investigation coordinates with local law enforcement on
investigations regarding narcotics smuggling and helps provide
training to State and local officials. DHS's Customs and Border
Protection works to interdict the flow of opioids from places
like China and Mexico at ports of entry and international mail
facilities. In addition, CBP officers provide support to the
Pennsylvania Criminal Intelligence Center, one of
Pennsylvania's three information-sharing fusion centers, which
I had an opportunity to visit earlier today.
The opioid epidemic poses a unique challenge for Federal,
State, and local officials. Opioids are often more readily
available than other types of drugs, with CDC estimating that
in 2016, 40 percent of opioid-related overdose deaths involved
prescriptions that can be obtained by--from a physician.
Additionally, e-commerce in the modern world and the high value
of small doses of synthetic opioids like fentanyl have allowed
transnational criminal organizations and drug dealers to
distribute opioids in nontraditional ways by exploiting the
internet and postal service and cutting out the middlemen
normally targeted by law enforcement during drug
investigations.
These challenges underscore the importance of understanding
and reinforcing the relationship between Federal entities and
the State and local officials in order to create a force
multiplier to tackle this devastating and deadly epidemic. This
is a complex crisis that calls for a multifaceted response from
public officials at all levels.
Last week, my colleagues in the U.S. House of
Representatives and I passed a multitude of bills aimed at
fighting the opioid epidemic that is crippling our communities.
For example, one bill requires the United States Postal Service
to transmit advanced electronic data to CBP on certain
international packages in order to enhance the targeting of
suspicious packages. Numerous other bills also offered
solutions to this crisis by addressing treatment, recovery, and
prevention efforts.
I want to thank our panel for appearing before the
subcommittee this morning on this very important issue. I look
forward to learning more about the Department of Homeland
Security's coordination with State and local officials in the
Commonwealth in order to combat the opioid epidemic and protect
the homeland.
[The statement of Chairman Perry follows:]
Statement of Chairman Scott Perry
June 19, 2018
Our Nation is in the midst of a deadly epidemic. Since 1999, the
Center for Disease Control (CDC) estimates that overdose deaths in the
United States from opioid substances, like prescription painkillers,
heroin, and fentanyl have more than quadrupled. In 2016 alone, 67
percent of all drug-related overdose deaths Nation-wide involved
prescription and illicit opioids, totaling an estimated 42,000 deaths.
This is a crisis that has affected the entire American homeland. No
State or community has been spared from devastating impacts of opioid
abuse.
In my home State of Pennsylvania, where today we meet in the
historic State Capitol Building, the epidemic has hit especially hard.
In 2016, over 4,600 Pennsylvanians lost their lives due to drug
overdoses. Moreover, in that same year, Pennsylvania had the fourth-
highest rate of deaths due to opioid-related drug overdoses out of all
50 States, tallying 37.9 deaths for every 100,000 people. While I am
usually proud to tout statics about how Pennsylvania is leading the
Nation, this is one instance I wish I could say Pennsylvania is not at
the forefront.
Despite this disheartening reality, I am proud of my State for
taking a strong and unified stance in its response to the opioid
crisis. Since January, Pennsylvania has been operating under a State-
wide disaster declaration in response to the epidemic. The disaster
declaration has allowed the Commonwealth to mobilize State resources,
improve coordination between State agencies with the establishment of
the Opioid Command Center, and increase access to treatment for those
most in need. As a result of this unified effort, 3,660 calls have been
made to the Drug and Alcohol Program hotline, and 29,208 doses of
naloxone have been distributed across the State resulting in 1,436
overdose reversals. Additionally, Pennsylvania's Prescription Drug
Monitoring Program is accredited with helping to reduce the number of
opioids prescribed. From 2016 to 2017, the number of opioids prescribed
in Pennsylvania decreased by 14 percent, which is the second-highest
reduction rate across the country. Pennsylvania can certainly be proud
of this statistic.
In addition to State and local efforts, the Federal Government also
plays a major role in fighting the opioid crisis. For example, the
Department of Homeland Security's (DHS) Immigration and Customs
Enforcement's Homeland Security Investigations (HSI) coordinates with
local law enforcement on investigations regarding narcotics smuggling
and helps provide training to State and local officials. DHS's Customs
and Border Protection (CBP) works to interdict the flow of opioids from
places like China and Mexico at ports of entry and international mail
facilities. In addition, CBP officers provide support to the
Pennsylvania Criminal Intelligence Center, one of Pennsylvania's three
information-sharing fusion centers, which I had an opportunity to visit
earlier today.
The opioid epidemic poses a unique challenge for Federal, State,
and local officials. Opioids are often more readily available than
other types of drugs, with the CDC estimating that in 2016, 40 percent
of opioid-related overdose deaths involved prescriptions that could be
obtained from a physician. Additionally, e-commerce in the modern world
and the high value of small doses of synthetic opioids like fentanyl
have allowed transnational criminal organizations and drug dealers to
distribute opioids in nontraditional ways by exploiting the internet
and postal service and cutting out the middlemen normally targeted by
law enforcement during drug investigations.
These challenges underscore the importance of understanding and
reinforcing the relationship between Federal entities and State and
local officials in order to create a force multiplier to tackle this
devastating and deadly epidemic. This is a complex crisis that calls
for a multi-faceted response from public officials at all levels.
Last week, my colleagues in the U.S. House of Representatives and I
passed a multitude of bills aimed at fighting the opioid epidemic that
is crippling our communities. For example, one bill requires the United
States Postal Service (USPS) to transmit advance electronic data to CBP
on certain international packages in order to enhance the targeting of
suspicious packages. Numerous other bills also offered solutions to
this crisis by addressing treatment, recovery, and prevention efforts.
I want to thank our panel for appearing before the subcommittee
this morning on this very important issue. I look forward to learning
more about the Department of Homeland Security's coordination with
State and local officials in the Commonwealth in order to combat the
opioid epidemic and protect the homeland.
Mr. Perry. Other Members are reminded that opening
statements may be submitted for the record.
[The statement of Ranking Member Bennie G. Thompson
follows:]
Statement of Ranking Member Bennie G. Thompson
June 19, 2018
Each day, more than 115 people die in America from opioid-related
drug overdoses, and the number of deaths is on the rise. In 2016, more
than 15,000 drug overdose deaths involved heroin and more than 19,000
involved synthetic opioids such as fentanyl. The opioid epidemic is
truly a National problem affecting people of all races, income levels,
and ages.
The impact of the epidemic is felt not only by families and
communities who have lost loved ones, but it also negatively affects
the country's health care system and economy.
Unfortunately, President Trump has not implemented a National drug
control strategy to stem the flow of opioids across America's borders.
Rather, Trump has cobbled together bad policies aimed at reducing
opioid prescriptions and increasing prison sentences. These policies
ignore the fact that most fentanyl misuse is attributed to illicitly-
produced fentanyl being trafficked from China. Also, as demonstrated in
the 1980's during the crack cocaine epidemic, tougher prison sentences
don't result in less access to drugs.
History tells us that ramping up law enforcement as a response to a
health crisis disproportionately affects minority communities. Under
the ``war on drugs'' approach--which Attorney General Jeff Sessions has
alluded to bringing back--the Nation's prison population rapidly
multiplied, filling America's prisons mostly with first-time offender,
African American men facing harsh sentences. Those struggling with drug
abuse, regardless of their demographics, ought to be given the proper
treatment and rehabilitation services.
Moreover, President Trump's zero-tolerance immigration policy and
obsession with building a border wall has distracted him from the real
need to increase resources at ports of entry and mail facilities to
detect and seize opioids. The vast majority of all opioids entering the
United States are seized at ports of entry across the United States.
Prioritizing the border wall over ports of entry will impede our
ability to end the opioid crisis.
Today, the House voted on H.R. 5762, the ``Joint Task Force to
Combat Opioid Trafficking Act,'' a Democratic measure introduced by my
colleague Mr. Langevin, to help prevent the trafficking of opioids into
the United States. The ``Joint Task Force to Combat Opioid Trafficking
Act of 2018'' authorizes the Department of Homeland Security to
establish a Joint Task Force to better coordinate the interdiction of
fentanyl and other opioids. This important bill was reported by the
Committee on Homeland Security on a bipartisan basis.
Fusion centers can play a critical role in ending America's opioid
epidemic. Originally created to gather and share intelligence following
the attacks of 9/11, fusion centers have started collecting data on
drug overdoses and seizures to identify emerging trends to reduce the
severity and prevent overdoses all together. Therefore, I look forward
to today's hearing highlighting what fusions centers composed of
Federal, State, and local officials can accomplish when they work
together, especially to save lives.
Mr. Perry. We are honored to have witnesses with a broad
range of experience on the front lines and the fight against
opioids before us today. The witness' entire written statements
will appear in the record. The Chair will introduce the
witnesses first, and then recognize each of the witnesses for
their testimony.
But before I do that, I just want to recognize my
colleague, G.T., if he has any opening comments.
Mr. Glenn Thompson. Thank you. Chairman Perry, thank you
for your leadership on this issue.
This is the public health crisis of our lifetime. There is
not a zip code in Pennsylvania or across this Nation that is
not impacted by this. It is stealing lives, stealing potential,
stealing work force from our economy. It is--the impact on
families is just tragic, and it is so complex. That is the
difficulty with this. There are so many different pathways that
people can find themselves in these dire situations where they
wind up as addicts and perhaps overdosing and losing their
lives.
So like any epidemic--and this is certainly what I consider
this to be--the best way to deal with an epidemic is to
surround it and look at all the root causes and the different
contributing factors, and you are doing that with your
leadership. So first of all, thank you for allowing me to sit
in as a--on this--as a part of this committee for today.
It is an all hands on deck. I know in my areas of
responsibility, specifically two of my committees, we are also
very involved in this fight against substance abuse.
Specifically today, opioids and heroin--although I do always
like to caution that the drug may be the flavor of the day
based on economics and access, and we need to be looking at
substance abuse behaviors if we truly are going to be
successful in this.
I know with the Agriculture Committee--and we are going to
be hopefully voting into this week on a farm bill. The farm
bill has resources in it for rural communities to be able to
deal with this issue. The Education Workforce Committee that I
serve as a senior member of, we have a number of bills that are
part of the plethora of bills that were--came out of the
Education Workforce Committee.
So that is why I am so appreciative that you have brought
this to a place that is very familiar with this fight. I am
appreciative of what our colleagues here in Harrisburg, State
House, and State Senate have done on this issue. We just know
that there is a lot of work left to be done, and so I am
appreciative of you bringing this opportunity, this hearing
here to Harrisburg to the State Capitol, and thank you for the
folks here in Harrisburg that made that happen.
Mr. Perry. Well G.T., we are privileged to have you here.
Thanks for taking the time and--you know, we were just at the
Fusion Center looking at and getting briefings, but one of the
things, looking at the map, you know, of course I was very
interested in the area that I am privileged to represent, but I
also couldn't help but take notice of your area and how
things--how it is affecting that area, which you know, if you
look at the area that I represent and the area that G.T.
represents, it is very different. But one thing unfortunately
it has in common is this is prolific throughout. So we are
happy to have you here. Thanks for making the time.
The Chair will now recognize the--our witnesses. Mr. Marlon
Miller is a special agent in charge of ICE's Homeland Security
Investigation, or HSI's, office in Philadelphia. Special Agent
Miller joined the Customs Service in 1991 and has served in
front line and leadership capacities at postings across the
country. Mr. Miller, we are privileged to have you. Thank you.
Ms. Casey Owen Durst is the director of field operations at
CBP's Baltimore field office and is responsible for field
operations in mid-Atlantic--in the mid-Atlantic, including
Delaware, Maryland, Pennsylvania, Southern New Jersey, and
Northern Virginia. The DFO--DFO Durst has served in a variety
of positions at key ports of entry during her time with CBP,
and she talked in the previous briefing about the breadth and
the scope and the scale of what she has to deal with, and I
hope she can impart some of that to the rest of the audience
today so you can see what we are dealing with here.
The Honorable David Sunday is the district attorney for
York County, Pennsylvania. Mr. Sunday worked in both the
district attorney's office and private practice prior to being
sworn in as the district attorney in January 2018, and just as
an aside, he--you know, with the Heroin and Opioid Drug Task
Force in York County has kind-of really set the bar, not only
for the area, but across Pennsylvania, and maybe even across
the country, which is one of the reasons we asked him to be
here today, and we are really proud to have him.
Mr. Raymond Singley is the director of the Bureau of
Records and Identifications for the Pennsylvania State Police
Department. Mr. Singley has spent most of his career in
counter-narcotics work, including serving as the director of
Drug Law Enforcement Division. Mr. Singley was promoted to
Major just last month, so we congratulate you, and we are
privileged to have you.
Thank you all for being here today. At this time, the Chair
will recognize Special Agent Miller for your testimony, sir.
STATEMENT OF MARLON V. MILLER, SPECIAL AGENT IN CHARGE--
PHILADELPHIA, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S.
DEPARTMENT OF HOMELAND SECURITY
Mr. Miller. Good afternoon, Chairman Perry, Representative
Thompson. Thank you for this opportunity to appear before you
today to discuss the opioid epidemic in Pennsylvania and around
the United States, and the efforts of the U.S. Immigration and
Customs Enforcement to target, investigate, disrupt, dismantle,
and bring to justice the criminal elements responsible for the
manufacturing, smuggling, and distribution of dangerous
opioids.
As the largest investigative agency within the U.S.
Department of Homeland Security, Homeland Security
Investigations investigates and enforces over 400 Federal
criminal statutes. Each of our special agents use their broad
authority to investigate all types of cross-border criminal
activity.
In Pennsylvania, HSI is working closely with the U.S.
Customs and Border Protection, Drug Enforcement Administration,
U.S. Postal Inspection Service, State and local law enforcement
like Pennsylvania State Police, in a unified effort to target
transnational criminal organizations that are supplying
dangerous opioids to the United States.
Today I would like to highlight our efforts to reduce the
supply of illicit opioids such as heroin and fentanyl from
entering in the United States for delivery in Pennsylvania, as
well as operational challenges we encounter. Based on our
collaborative efforts in the--with U.S. law enforcement, we
have identified China and Mexico as primary sources fueling the
illicit opioid threat. Once in the Western Hemisphere, often in
Mexico, fentanyl, or its analogs, are prepared, mixed with
other narcotics and fillers and pressed into pill form and then
moved to illicit U.S. markets where the demand for prescription
opioids and heroin remain at epidemic levels.
In Pennsylvania, HSI's primary concern is simultaneously
addressing two unique but related threats: The inundation of
highly pure Chinese China-sourced fentanyl being delivered
through U.S. mail in small quantities to the U.S.-based
suppliers, re-shippers, and ultimately end-users, and No. 2,
Mexican-sourced fentanyl in bulk quantities but with less
purity being smuggled across the Southwest Border for cross-
country transportation and delivery into the Pennsylvania
region.
Regardless of the smuggling method or whether these opioids
are ultimately being sold on the street corners or over the
dark net, the reality is that once in Pennsylvania, fentanyl is
most frequently marketed by drug dealers as heroin and a
prescription opioid, and the end-user may not be aware of the
presence of fentanyl.
HSI special agents in Pennsylvania are battling this head-
on. In 2017, I created an HSI Cybercrimes Investigative Task
Force in Philadelphia to tackle the unique challenges posed by
Chinese-sourced and dark net-enabled synthetic opioids in
Pennsylvania. This task force works closely with CBP,
Pennsylvania State Police, DEA, U.S. Postal Inspectors, and the
Pennsylvania National Guard's Drug-Counterdrug Program and is
using every advanced technological and law enforcement tool
available to address this growing problem.
The task force's mission is to--it has adapted to now
prioritizing more than ever investigations of the dark net
vendors whose illicit opioid trafficking activities have
resulted in identified overdose and overdose deaths in our
region. In the western part of Pennsylvania, HSI has developed
a collaborative relationship with the Allegheny County Medical
Examiner's Office drug laboratory. HSI special agents encounter
suspected fentanyl and fentanyl analogs through partial
interdictions and enforcement actions. The substances are
turned over to the lab for identification and analysis. The lab
is able to provide the results of their testing back to the
agents and prosecutors within 24 hours, which is key to
enabling HSI agents and law enforcement partners the
opportunity to rapidly progress opioid smuggling investigations
for arrests and prosecutions.
Tackling this complex threat involves a unified,
comprehensive, and aggressive approach across law enforcement
and collaboration with experts in the medical, science, and
public health communities. HSI will continue to work with our
State and local and Federal partners to improve the efficiency
of information sharing and operational coordination to address
the challenges and threats posed by illicit narcotics smuggling
into the United States.
Thank you for the opportunity to appear before you today,
and I will be pleased to answer the questions you have. Thank
you.
[The prepared statement of Mr. Miller follows:]
Statement of Marlon V. Miller
June 19, 2018
Chairman Perry, Ranking Member Correa, and distinguished Members:
Thank you for the opportunity to appear before you today to discuss the
opioid epidemic in the United States, particularly in Pennsylvania, and
the efforts of U.S. Immigration and Customs Enforcement (ICE) to
target, investigate, disrupt, and dismantle the criminal networks
responsible for the manufacturing, smuggling, and distribution of
dangerous opioids.
As the largest investigative agency within the U.S. Department of
Homeland Security (OHS), ICE Homeland Security Investigations (HSI)
investigates and enforces more than 400 Federal criminal statutes to
include the Immigration and Nationality Act under Title 8, U.S. customs
laws under Title 19, general Federal crimes under Title 18, and the
Controlled Substances Act under Title 21. HSI Special Agents use this
authority to investigate all types of cross-border criminal activity
and work in close coordination with U.S. Customs and Border Protection
(CBP), the Drug Enforcement Administration (DEA), the U.S. Postal
Inspection Service (USPIS) and our State, local, Tribal, and
international partners in a unified effort, to target the Transnational
Criminal Organizations (TCOs) that are supplying illicit substances, to
include opioids, to the United States.
Today, I would like to highlight our efforts to reduce the supply
of illicit opioids, such as heroin and fentanyl, coming into the United
States and the operational challenges we encounter.
introduction to illicit opioid smuggling
The United States is in the midst of an opioid epidemic that was
created by licit prescription opioids and is exacerbated by the
smuggling and trafficking of heroin and illicit fentanyl. Based on
investigative efforts, U.S. law enforcement has identified China as the
primary source, and Mexico as the primary transit country, of the U.S.
illicit fentanyl threat.
Illicit fentanyl, fentanyl analogues, and their immediate
precursors are most often produced in China. From China, these
substances are shipped through mail carriers or express consignment
carriers (ECCs), such as OHL, FedEx, or UPS directly to the United
States. or alternatively shipped TCOs in Mexico. Once in the Western
Hemisphere, fentanyl or its analogues are prepared and mixed with other
narcotics and fillers and/or pressed into pill form, and then sold to
consumers in the U.S. market, where the use of prescription opioids and
heroin remains at epidemic levels. The opioid epidemic in Pennsylvania
is not dissimilar to the epidemic in the rest of United States. Recent
statistics show that Pennsylvania has the fourth most opioid-involved
overdose deaths in the country; and ranks 12th in opioid-involved
deaths per 100,000. CDC's National Center for Health Statistics
documents that Pennsylvania is among the States that have overdose
death-rates statistically higher than the average U.S. rate per
100,000. Some of these deaths are being caused by the abuse of illicit
synthetic opioids sourced in China and transiting Mexico. In some
cases, regional distributors smuggle industrial pill presses and
components into the United States to operate fentanyl tableting
operations domestically.
Due to the convenience of the internet and the anonymity of the
dark net and crypto-currencies, Pennsylvania is also seeing a
substantial inflow of synthetic opioids and other dangerous drugs
direct from China, and transiting Mexico. These substances are of
particular concern because they are primarily synthetic and can have
potency rates of 90 percent and higher. These extremely high potency
rates cause a two-fold problem for law enforcement. Not only does this
mean that officers need to understand how to protect themselves from
exposure in the field, but drug trafficking organizations can create
exponentially larger profits and significantly larger quantities of
final product from a very small amount of raw substances. For example,
10 grams of 90 percent pure synthetic Chinese-sourced fentanyl can be
used to produce over 10,000 illicit oxycodone pills resulting in
dramatically higher death rates than medical-grade oxycodone pills.
Mexican TCOs have seized upon the profit potential of synthetic
opioids, and seem to have invested in growing their share of this
illicit market. For example, one kilogram of fentanyl can be purchased
in China for $3,000-$5,000 and can generate upwards of $1.5 million in
revenue on the illicit market. We are even seeing some instances in
which precursors originating in China and smuggled into the United
States have traveled through the United States, destined for Southwest
Border locations. The Mexican TCOs have then smuggled the precursors
out of the United States, synthesized them into fentanyl, and imported
the finished product back into the United States for distribution and
consumption. The final product can be advertised as heroin, and the
end-user may not be aware of the presence of fentanyl.
illicit opioid shipments via international mail and express consignment
facilities
Seizures of illicit fentanyl and other opioids at international
mail facilities and express consignment facilities have significantly
increased over the last 2 years. Though fentanyl seizures made at land
border ports of entry are higher in number and larger in volume, the
fentanyl seizures from mail and ECC facilities are much higher in
purity and are therefore much more deadly. Laboratory results of tested
fentanyl has identified that the majority of illicit fentanyl seized in
the international mail and ECC environments is shipped in
concentrations of over 90 percent, whereas the majority of fentanyl in
the land border port of entry environment is seized in concentrations
of less than 10 percent. Purchasers can also access open-source and
dark web marketplaces for illicit opioids like fentanyl, where they can
be easily purchased.
Just as TCOs attempt to hide illicit smuggling at the land border
ports of entry by blending into the voluminous daily legitimate cross-
border traffic, TCOs are exploiting the great volumes of mail and
parcels entering and crossing the United States as a means to conceal
their criminal activity. The challenge for law enforcement is to find
the resources to target, identify, interdict, and investigate every
prospective 10-gram parcel of fentanyl, which is approximately the size
of 2\1/2\ packets of sugar. In an effort to combat opioid trafficking
through the mail and express consignment shipments, HSI is drawing on
advance data, targeting supply chain networks, coordinating with
domestic and international partners, and providing field training to
highlight officer safety, trends, and collaboration benefits with
partners such as CBP, the DEA, and the USPIS.
In Philadelphia, for example, HSI is leading a Cyber Crimes
Investigations Task Force with full participation from the key law
enforcement agencies mentioned above. This task force, which I will
address in more detail in a few moments, targets overseas and domestic
dark net vendors perpetuating the Nation's opioid crisis through the
sale of fentanyl analogs and other dangerous synthetic narcotics. A few
of the task force's recent law enforcement actions speak to impact
furthering this effort can have on addressing our local epidemic.
For example, in May 2017, HSI's Cyber Crimes Investigations Task
Force in Philadelphia arrested a narcotics trafficker near Philadelphia
who acted as a large-scale domestic reshipper for a Chinese drug
trafficking organization. This individual operated a clandestine
distribution operation out of a storage facility where he received
hundreds of international mail shipments containing small quantities of
synthetic opioids direct from China. HSI's investigation revealed the
trafficker then redistributed those drugs to users throughout the
United States using U.S. domestic mail parcels. To date, HSI special
agents have attributed at least 39 overdose deaths to this drug
trafficking organization.
On an unrelated case later in 2017, HSI's Task Force dismantled a
dark net drug trafficking organization that operated what are believed
to be two of the largest-ever clandestine fentanyl tableting
laboratories in Pennsylvania. This dark net operation sourced fentanyl
and other dangerous drugs directly from China using the international
mail; purchased pharmaceutical grade manufacturing equipment including
automated pill presses capable of producing 40,000 pills an hour; and
rented commercial warehouses in parts of Eastern Pennsylvania to
operate their clandestine laboratories. Although HSI has not attributed
any overdose deaths to this operation to date, it is believed that HSI
interdicted this operation before it products were fully distributed.
In fact, HSI seized enough product and drugs from these two clandestine
fentanyl tableting laboratories to ultimately produce millions of
fentanyl-laced pills that could have inevitably resulted in mass
overdose deaths. While this investigation remains on-going, the
intelligence developed from the enforcement actions has provided law
enforcement with insights into the means and methods of establishing
such dark net vendor accounts.
While HSI's efforts in Philadelphia have led to increased seizures
and prosecutions of illicit opioid traffickers, more needs to be done.
HSI is fully engaged with the DEA Special Operations Division (SOD) and
the CBP National Targeting Center (NTC) to identify shipment routes and
leverage advance data to target parcels that may contain illicit
opioids and manufacturing materials and to conduct full financial and
investigative analyses. While this is a good start, we recognize much
more needs to be done.
Recognizing the need for greater action, HSI, CBP, and the USPIS
are collaborating in the development of a more robust, Nation-wide
effort to identify illicit opioids in mail facilities and interdict
them. HSI is expanding the number of its trained investigators assigned
to international mail facilities. These additional investigators will
be seeking to conduct long-term, complex criminal investigations into
opioid trafficking activities, with the goal of achieving additional
significant seizures and arrests. These seizures and arrests will help
disrupt the movement of illicit opioids and opioid precursors
transiting through the mail and express consignment shipments, and will
aid in the dismantling of distribution networks. The ultimate goal of
course, is to reduce overdose deaths in the United States.
smuggling of bulk fentanyl and heroin into pennsylvania
A significant quantity of bulk Mexico-sourced heroin, and Chinese-
sourced fentanyl transiting through Mexico, entering or transiting
Pennsylvania is smuggled across the shared border with Mexico via the
land border ports of entry. Like other narcotics supplied by Mexico,
heroin and fentanyl loads are often smuggled utilizing deep concealment
within passenger vehicles, as the TCOs exploit the high volume of
cross-border traffic at our ports of entry as part of their smuggling
efforts. Heroin and fentanyl loads are also smuggled by pedestrians
entering the United States at ports of entry, often concealed on their
person, or in their bags or backpacks.
Loaded vehicles often contain multiple types of illicit drugs,
which we refer to as ``poly loads'' or ``mixed loads,'' diversifying
their illicit product inventory to include increased amounts of heroin
and fentanyl while also continuing to source methamphetamine, cocaine,
and other drugs. HSI, as the investigative agency responsible for
investigating smuggling at the ports of entry, works closely with CBP,
to ensure that smuggling incidents with a nexus to Pennsylvania are
vigorously investigated, and expanded to the networks behind the
smuggling attempt.
Additionally, intelligence developed through HSI's investigative
efforts is shared with CBP to enhance and refine their targeting and
interdiction efforts at the ports of entry.
All of the drug supply entering the United States via the Southwest
Border can be attributed to transnational criminal organizations. HSI
continues to investigate and identify the leadership of these
organizations to attack the critical organizational nodes of smuggling
facilitators and financial networks that sustain their operations.
ice's collaborative lines of effort in pennsylvania
There is no single entity or solution that can stop the flow of
dangerous illicit drugs such as fentanyl into the United States or keep
them from harming the American public. Tackling this complex threat
involves a united, comprehensive strategy and aggressive approach by
multiple entities across all levels of government. Therefore, ICE,
through its investigative arm, HSI, has long had inter-agency
collaboration as one of its operational pillars. Law enforcement
partnerships in Pennsylvania are uniquely strong, and all agencies are
committed to doing everything they can to defeat the heroin and
fentanyl crisis that is gripping our Nation. Through partnerships
across Pennsylvania, across the Nation, and across the globe, HSI's
commitment to collaboration is having a significant and positive
impact.
Cyber Crimes Task Forces
To that end, and as I briefly mentioned earlier, my office in
Philadelphia recently established the Cyber Crimes Investigations Task
Force to take on the unique challenges posed by Chinese-sourced and
synthetic opioids sold through the dark net in Pennsylvania. HSI leads
this task force in partnership with the Pennsylvania State Police,
USPIS, the DEA, and the Pennsylvania National Guard's Counter Drug
Program. The goal of the Task Force is to use every advanced
technological law enforcement tool at our disposal and leverage HSI's
strong State and Federal partnerships to address this growing problem.
Specifically, the strategy of this group is to target both the source
of supply as well as the financial chokepoints of this criminal
activity. This HSI-led task force is uniquely positioned to target dark
net vendors using HSI's robust undercover platforms; leveraging its
extensive foreign law enforcement partnerships through its attache
offices in China, Canada, and Europe; exercising its unique customs
authorities and expansive cyber expertise and capabilities; and using
the most advanced technical analytical capabilities to target crypto-
currency money launderers that enable the dark net transnational drug
trafficking activities. This group has invested in the necessary
resources, the latest technologies, and leveraged all possible
partnerships to address the issues. However, more funding and resources
are needed as we attempt to stay one step ahead of narcotics
traffickers who continue to exploit and adapt new technologies to mask
their illicit operations.
Border Enforcement Security Taskforces (BESTs)
Border Enforcement Security Taskforces (BESTs) are DHS's primary
platform to investigate opioid smuggling domestically. ICE currently
operates BESTs in 62 locations throughout the United States. During
fiscal year 2017, the number of BESTs increased 30 percent in response
to the President's Executive Order 13773, Enforcing Federal Law with
Respect to Transnational Criminal Organizations and Preventing
International Trafficking. BESTs leverage the participation of more
than 1,000 Federal, State, local, Tribal, and foreign law enforcement
agents and officers representing over 100 law enforcement agencies to
target opioid smuggling. In Pennsylvania, HSI oversees two BESTs, one
that covers Philadelphia's sprawling seaport facilities and another at
the Philadelphia International Airport. BESTs leverage the abilities
and authorities of the participating agencies by unifying all under a
single law enforcement effort.
These unifying efforts are critical for combatting the TCOs that
smuggle fentanyl and other drugs from land borders for distribution in
our heartland. This real-time sharing provides HSI optimal opportunity
to efficiently initiate investigations of the distribution networks in
Pennsylvania. To cite a real-world example, in May 2017, Special Agents
of HSI Cincinnati, in cooperation with State and local law enforcement
in Ohio, conducted a narcotics interdiction operation. The Ohio State
Highway Patrol employed a narcotics detection K-9, which alerted to the
odor of narcotics. A search of the vehicle uncovered 6 tape-wrapped
bundles containing approximately 7 kilograms of fentanyl and heroin.
The driver informed investigators that he was provided the drug-laden
vehicle in California to make drug deliveries to a number of locations,
including Philadelphia, Pennsylvania. HSI offices in Ohio and
Pennsylvania rapidly coordinated to continue the enforcement operation
to Philadelphia, where my BEST program initiated an investigation that
resulted in the identification of a drug-trafficking organization in
Philadelphia. Upon arrival in Philadelphia the driver of the subject
vehicle was directed to a specific location by members of the
organization, resulting in the arrests of two suspected drug
traffickers. This case, though certainly not an infrequent occurrence
within HSI, speaks to the level of seamless coordination that occurs
between HSI BEST programs to ensure opioid investigations are conducted
as comprehensively as possible.
Partnership with the Allegheny County Medical Examiner's Office
In the western part of Pennsylvania, HSI has developed a
collaborative relationship with the Allegheny County Medical Examiner's
Office drug laboratory. As HSI agents encounter suspected fentanyl and
fentanyl analogues through parcel interdiction and enforcement actions,
these substances are turned over to the laboratory for identification
and analysis. Often, the laboratory is able to provide the results of
their testing back to agents and prosecutors within 24 hours allowing
for controlled deliveries and prosecutorial charging decisions.
In May 2017, after HSI seized an international parcel, the
Allegheny County lab determined the contents to consist of 100 grams of
cyclopropyl fentanyl, representing the first known identification of
this analogue in the United States. HSI agents conducted a controlled
delivery which led to the identification of an individual who was known
by local authorities to be a street-level dealer. Further investigation
by HSI determined that the individual had received multiple parcels
from China and that he was more than likely one of the major importers/
distributors in western Pennsylvania. During the execution of a search
warrant at a residence, one subject who was at the time in the process
of packaging fentanyl and cutting compounds for resale overturned the
table in front of him and attempted to flee, causing the substances to
become airborne. Several law enforcement officers were exposed to the
airborne substance and one officer subsequently exhibited symptoms,
including a tingling sensation and shortness of breath; resulting in
on-site treatment by EMTs. The officer was transported in an abundance
of caution to a local hospital for evaluation of possible exposure.
Fortunately, HSI had followed the agency safety protocol and had an
emergency medical technician and clandestine laboratory response team
on standby near the scene of the search warrant.
This investigation highlights some of the major challenges law
enforcement faces in the fight against opioids. The relationship with
the Allegheny County Medical Examiner's Office has been beneficial in
identifying these substances. The Medical Examiner's Office shared the
information about the identification of cyclopropyl fentanyl within the
medical examiner community and learned that this fentanyl analogue was
the cause of overdose deaths in one midwestern State and one State in
the Pacific Northwest. This case also highlights the risk of exposure
to agents, officers, and first responders who may encounter these
dangerous substances during the course of their duties.
High-Intensity Drug Trafficking Areas (HIDTAs)
Created by Congress through the Anti-Drug Abuse Act of 1988, and
led by the Office of National Drug Control Policy, the HIDTA program
provides assistance to Federal, State, local, and Tribal law
enforcement agencies operating in areas determined to be critical drug
trafficking regions of the United States. Like the BESTs, the HIDTA
Task Forces ensure that the concerns of all the participating agencies,
to include the State, local, and Tribal agencies, are included in
investigative priorities; which certainly includes the impact of heroin
and fentanyl on their communities. HSI works very closely with all
Pennsylvania HIDTA member agencies. In Philadelphia, HSI leads and
houses the Liberty Mid-Atlantic's Money Laundering and Asset Forfeiture
Task Force.
ice's use of collaboration centers outside of pennsylvania to attack
the threat in pennsylvania
National Targeting Center--Investigations (NTC-I)
ICE HSI participates in CBP's NTC program through the National
Targeting Center--Investigations (NTC-I), which leverages intelligence
gathered during HSI investigations and exploits it using CBP advance
data to target the flow of drugs into the United States. The NTC-I
works to share information between CBP and ICE HSI entities world-wide.
ICE HSI has assigned special agents to work within the NTC Cargo
(NTC-C) Narcotics Division. These special agents serve as liaisons
between the NTC and ICE HSI personnel in both domestic and
international posts. HSI investigative case data is fused with CBP
targeting information to bolster investigations targeting illicit
opioid smuggling and trafficking organizations. HSI and CBP in
Pennsylvania share heroin and fentanyl seizure data and intelligence
with the NTC to ensure the maximum exploitation of our combined
efforts, more complete targeting, and more robust and impactful
investigations. HSI in Pennsylvania receives training from the NTC to
ensure our investigators and analysts are apprised of the latest
narcotics smuggling and trafficking trends and tactics utilized by
TCOs.
NTC-I conducts post-seizure analysis based on ICE seizures in the
field and CBP seizures at the ports of entry. The analysis is critical
to identifying networks that transport illicit opioids throughout the
United States. The resulting products are then shared with the affected
HSI offices in the form of investigative leads. Another key component
of the post-seizure analysis is the financial investigation. The NTC-I
focuses on the financial element of the smuggling organization by
exploiting information gathered from multiple financial databases.
Cyber Crimes Division
The ICE HSI Cyber Crimes Division provides support and assistance
to field cyber investigations targeting dark net illicit marketplaces,
where fentanyl and chemical precursors proliferate. This includes
significant support to our efforts in Pennsylvania to stand-up a fully-
functioning and adequately-equipped Cyber Crimes Investigations Task
Force. Recognizing the need to proactively target on-line opioid
trafficking, the ICE HSI Cyber Crimes Division is identifying on-going
investigations and facilitating the coordination of on-line and in-
person undercover operations conducted in furtherance of dark net
illicit marketplaces.
As criminal activity, and especially the trade of illicit opioids,
continues to migrate to the on-line world, ICE HSI faces growing demand
for cyber investigative assistance. Through the Human Exploitation
Rescue Operative (HERO) program, the Cyber Crimes Division is training
military veterans and transitioning service members to continue their
service to the Nation in the field of computer forensics. HSI in the
Philadelphia area recently employed one HERO intern a full-time
computer forensic agent following completion of his internship in
Philadelphia, bolstering our ability to fight cyber-enabled crimes.
Special Operations Division (SOD)
The DEA's Special Operations Division (SOD) Heroin and Fentanyl
Task Force (HFTF) is supported by ICE, CBP, DEA, USPIS, and several
other Federal agencies. The SOD-led, interagency task force exploits
electronic communications to proactively identify, disrupt, and
dismantle the production, transportation, and financial networks behind
heroin and illicit fentanyl distribution organizations that impact the
United States.
The HFTF leverages the collaborative use of each agency's
authorities and unique capabilities in order to better share and
deconflict information. The HFTF works together to target international
and domestic organizations by proactively working with field offices.
The task force also assists in coordinating and linking investigations
from the street-level dealer to the international supply source.
In Pennsylvania, HSI sends special agents and analysts to SOD,
where they coordinate and deconflict investigative data and share best
practices with law enforcement partners. HSI personnel advance the
mission of SOD through their unique and in-depth knowledge of cartels
and prolific dark net vendor sites. This expertise, honed through their
investigative experience in Pennsylvania combined with the resources of
SOD and the HFTF, contributes significantly to investigations, not only
by HSI, but by other agencies, in Pennsylvania and beyond.
Financial Division
Identifying, analyzing, and investigating the payment systems that
facilitate the purchase and smuggling of opioids is critical to the
disruption and dismantlement of networks that smuggle fentanyl and
other illicit opioids into the United States. HSI conducts proactive
investigations that focus on the two key payment systems, which support
illicit procurement of opioids: Money service businesses (MSBs) and
cryptocurrencies. Generally, illicit opioids that are purchased on the
``indexed'' internet are paid for through licensed mainstream MSBs. On
dark net marketplaces and other ``unindexed'' websites, purchases are
often paid for with cryptocurrencies such as bitcoin. In support of its
diverse financial investigative efforts, HSI uses undercover techniques
to infiltrate and exploit peer-to-peer cryptocurrency exchangers who
typically launder proceeds for criminal networks engaged in or
supporting dark net marketplaces. Furthermore, HSI leverages complex
Blockchain technology exploitation tools to analyze the digital
currency transactions and identify users. A number of HSI Philadelphia
Special Agents are recognized as experts on the subject of
cryptocurrencies. They now provide training to our State and local law
enforcement partners, thereby enabling a wider array of officers the
training on the tools necessary to pierce the anonymity relied upon by
dark net users.
HSI created the Money Service Business Initiative to enable the
application of advanced data analytics across large amounts of MSB data
to isolate criminal networks, highlight suspicious transactions
indicative of illicit activity, and provide predictive intelligence.
With support of its headquarters Financial Division and NTC, HSI in
Pennsylvania regularly pursues complex investigations of the drug
traffickers' exploitation of our legitimate financial systems, and the
laundering and movement of their illicit proceeds via trade-based money
laundering and the exploitation of cryptocurrencies. HSI's targeting of
these types of illicit money laundering networks has been successful in
Pennsylvania; since May 2017, my office has seized well over $1 million
worth of cryptocurrencies from dark net opioid traffickers and have
arrested several individuals that act to launder their illicit profits.
Collectively, efforts in the HSI Philadelphia area of
responsibility have resulted in the seizure of approximately 267 pounds
of opioids in connection with HSI cases; and resulted in 154 criminal
arrests, from the beginning of fiscal year 2017 to the present.
Nation-wide, our efforts have resulted in the seizure of over
15,000 pounds of opioids in connection with HSI cases; and resulted in
7,889 criminal arrests, from the beginning of fiscal year 2017 to the
present.
international collaboration
HSI in Pennsylvania concentrates on investigations that reveal an
international nexus. With HSI's international presence of 67 offices in
50 countries, we are constantly looking to push our investigations
beyond our borders. In Pennsylvania, this means daily collaboration
with our HSI attache and assistant attache offices in Mexico and Asia
to systemically target overseas sources of opioids and synthetic
narcotics. Through strategic and targeted intelligence sharing, and
joint investigative efforts, the impacts of our investigations are
magnified. Whether through bi-national operations to arrest TCO
leadership, or through sharing a piece of intelligence that may
illuminate a previously-unknown network, the building and strengthening
of these partnerships is key to our efforts to combat the cartels and
to stop threats, to include illicit opioids, before they reach our
borders.
conclusion
Thank you again for the opportunity to appear before you today and
for your continued support of HSI and its law enforcement mission. HSI
is committed to battling the U.S. opioid crisis. This includes HSI's
collaborative efforts to reduce and ultimately stop the flow of these
dangerous drugs across the border here in the Commonwealth of
Pennsylvania. HSI will continue to vigorously pursue the cartels that
bring not only heroin and fentanyl to the United States, but other
narcotics that have a dangerous, and too often deadly, impact on our
communities. The opioid crisis is an epidemic that demands continued
urgent and immediate action across law enforcement agencies and in
conjunction with experts in the scientific, medical, and public health
communities. I appreciate your interest in this important issue and
look forward to your questions.
Mr. Perry. Well, thank you, Special Agent Miller.
The Chair now recognizes Director Durst for her testimony.
STATEMENT OF CASEY OWEN DURST, DIRECTOR OF FIELD OPERATIONS--
BALTIMORE FIELD OFFICE, U.S. CUSTOMS AND BORDER PROTECTION,
U.S. DEPARTMENT OF HOMELAND SECURITY
Ms. Durst. Chairman Perry and Representative Thompson,
thank you for the opportunity to appear before you today.
In my 21 years with the former U.S. Customs Service, and
now U.S. Customs and Border Protection, I have had the
privilege to work at some of the largest airports in the United
States, along our borders, and at headquarters securing our
Nation's borders while facilitating legitimate trade and
travel.
I have seen and experienced first-hand the challenges we
face in the passenger, trade, express consignment, and
international mail environments. I have also witnessed the
dedication of my colleagues in protecting this Nation.
U.S. Customs and Border Protection Office of Field
Operations interdicts drugs and other dangerous items at our
ports of entry, including mail and express consignment
facilities, by leveraging advanced data, automated targeting,
intelligence, and the use of detection technology.
Front-line operations at ports of entry, including drug
interdiction activities, are extremely hands-on and we train
and equip our officers with personal protective equipment.
Further, we have deployed naloxone across the country to ensure
a swift response if an employee or a K-9 is exposed to overdose
levels of opioids.
Nationally in fiscal year 2018 to date, the efforts of U.S.
Customs and Border Protection has resulted in the seizure of
more than 545,000 pounds of narcotics, including over 38,000
pounds of methamphetamine, 35,000 pounds of cocaine, 2,700
pounds of heroin, and 1,200 pounds of illicit fentanyl.
At our ports of entry and in the international mail and
express consignment environments, U.S. Customs and Border
Protection utilizes technology such as nonintrusive inspection,
X-ray, and gamma ray imaging systems to detect illicit
narcotics hidden on people, in cargo containers, and in other
conveyances entering into the United States.
CBP has also deployed innovative technologies to
presumptively identify illicit narcotics within minutes. This
enhances officer safety and allows immediate coordination with
Immigration and Customs Enforcement, Homeland Security
Investigations for possible controlled delivery and
prosecution.
In addition to technology, K-9 operations play an
invaluable role in U.S. Customs and Border Protection's
counter-narcotic operations. Concealed human and narcotic
detection K-9s are trained to detect concealed people and
narcotics, including marijuana, cocaine, heroin,
methamphetamine, hashish, ecstasy, fentanyl, and fentanyl
analogs. In fact, CBP was the first Federal law enforcement
agency in the United States to train K-9s to detect fentanyl,
and our K-9 teams have helped to detect over 240 pounds of
fentanyl since their training was completed.
For opioids and fentanyl specifically, transnational
criminal organizations attempt to smuggle large quantities of
low purity opioids through the Southern Border, and small
quantities of high purity opioids via mail and express
consignment. In the international mail arena, shipments have
increased 200 percent over the past 5 years. This increase
presents challenges as even small packages of these substances
can threaten the health and safety of the American people.
U.S. Customs and Border Protection is meeting this
challenge head-on. Recent bilateral agreements regarding
advance electronic data between United States Postal Service
and foreign postal operators have increased our ability to
target high-risk shipments. U.S. Customs and Border Protection
and the United States Postal Service have partnered on an
operational targeting program at five of our main international
mail facilities, with plans for further expansion, and we
continue to work with foreign postal operators to highlight the
benefits of providing advance data.
Collaborations such as this with our Federal, State, and
local partners yield results that enhance the security of our
borders and our communities. Last year, U.S. Customs and Border
Protection at the area Port of Philadelphia led a multi-agency
investigation that included Federal task force officers, the
Pennsylvania Attorney General's office, and the Philadelphia
Police Department that resulted in Federal indictments against
six defendants for possession with intent to distribute more
than 990 pounds of cocaine within a school zone. This
collaborative effort was an exceptional multi-agency narcotics
and money laundering case where the lead CBP officer was
recognized with an outstanding police performance award
bestowed upon him by the Pennsylvania Narcotics Officers'
Association.
In coordination with our partners and with the continued
support of Congress, U.S. Customs and Border Protection will
continue to work to prevent the entry of illicit opioids and
other narcotics into the United States.
Chairman Perry and Representative Thompson, thank you for
the opportunity to testify today, and I look forward to your
questions.
[The prepared statement of Ms. Durst follows:]
Prepared Statement of Casey Owen Durst
June 19, 2018
introduction
Chairman Perry, Ranking Member Correa, and distinguished Members of
the subcommittee, thank you for the opportunity to appear today to
discuss the role of U.S. Customs and Border Protection (CBP) in
combating the flow of opioids, including synthetic opioids such as
fentanyl, into the United States. The opioid crisis is one of the most
important, complex, and difficult challenges our Nation faces today,
and was declared a National Emergency by President Donald Trump in
October of last year.\1\
---------------------------------------------------------------------------
\1\ https://www.whitehouse.gov/briefings-statements/president-
donald-j-trump-taking-action-drug-addiction-opioid-crisis/
---------------------------------------------------------------------------
As America's unified border agency, CBP plays a critical role in
preventing illicit narcotics, including opioids, from reaching the
American public. CBP leverages targeting and intelligence-driven
strategies, and works in close coordination with our partners as part
of our multi-layered, risk-based approach to enhance the security of
our borders and our country. This layered approach reduces our reliance
on any single point or program, and extends our zone of security
outward, ensuring our physical border is not the first or last line of
defense, but one of many.
opioid trends, interdictions, and challenges
In fiscal year 2018 to-date, the efforts of Office of Field
Operations (OFO) and U.S. Border Patrol (USBP) personnel resulted in
the seizure of more than 545,000 lbs. of narcotics including over
38,000 lbs. of methamphetamine, over 35,000 lbs. of cocaine, and over
2,700 lbs. of heroin.\2\ CBP seizures of illicit fentanyl have
significantly increased from approximately 2 lbs. seized in fiscal year
2013 to approximately 1,131 lbs. seized by OFO and USBP in fiscal year
2017.\3\ Approximately 1,218 lbs. of illicit fentanyl have already been
seized in fiscal year 2018.\4\ Fentanyl is the most frequently seized
illicit synthetic opioid, but CBP has also encountered 18 unique
fentanyl analogues, and 9 unique synthetic opioids that are not from
the fentanyl class.\5\
---------------------------------------------------------------------------
\2\ https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics.
\3\ https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics.
\4\ https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics.
\5\ These include: acetylfentanyl, butyrylfentanyl, b-
hydroxythiofentanyl, a-methylacetylfentanyl, p-fluorobutyrylfentanyl,
p-fluorofentanyl, pentanoylfentanyl (a.k.a. valerylfentanyl), 2-
furanylfentanyl, p-fluoroisobutyrylfentanyl, n-hexanoylfentanyl,
carfentanil, benzodioxolefentanyl, acrylfentanyl, 2,2-
difluorofentanyl, methoxyacetylfentanyl, benzoylfentanyl,
cyclopropylfentanyl, and hydrocinnamoylfentanyl.
---------------------------------------------------------------------------
Illicit drug interdictions in the border environment is both
challenging and complex. Drug Trafficking Organizations (DTOs) and
Transnational Criminal Organizations (TCOs) continually adjust their
operations to circumvent detection and interdiction by law enforcement,
quickly taking advantage of technological and scientific advancements
and improving fabrication and concealment techniques.
International Mail and Express Consignment Couriers
The smuggling of illicit narcotics in the international mail and
express consignment courier (ECC) environments poses a significant
threat. Dozens of different types of illicit synthetic drugs, also
called ``designer drugs,'' are currently being sold and shipped to end-
users in the United States, including synthetic opioids such as
fentanyl and its analogues, synthetic cannabinoids,\6\ and synthetic
cathinones.\7\ Illicit fentanyl and fentanyl analogues are the most
frequently-seized synthetic opioids; although CBP seizures of illicit
fentanyl and fentanyl analogues remain relatively small compared to
other opioids, such as heroin, the amounts seized have significantly
increased over the past several years, from approximately 2 lbs. in
fiscal year 2013 to approximately 544 lbs. in fiscal year 2016,\8\ and
approximately 1,476 lbs. in fiscal year 2017.\9\
---------------------------------------------------------------------------
\6\ Synthetic cannabinoids are drugs that do not contain marijuana
but are pharmacologically similar to tetrahydrocannabinol (https://
www.cdc.gov/mmwr/volumes/65/wr/mm6527a2.htm).
\7\ Synthetic cathinones, more commonly known as ``bath salts,''
are synthetic drugs chemically related to cathinone, a stimulant found
in the khat plant (https://www.drugabuse.gov/publications/drugfacts/
synthetic-cathinones-bath-salts).
\8\ This includes approximately 440 lbs. seized at POEs (including
mail and ECC facilities) and 104 lbs. seized at U.S. Border Patrol
checkpoints.
\9\ https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics-
fy2017.
---------------------------------------------------------------------------
Illicit narcotics can be purchased from sellers through on-line
transactions and then shipped via the United States Postal Service
(USPS) or ECCs. DTOs and individual purchasers move drugs such as
illicit fentanyl and fentanyl analogues in small quantities, making
detection and targeting a significant challenge. Follow-on
investigations, which are conducted by U.S. Immigration and Customs
Enforcement Homeland Security Investigations (ICE-HSI), are also
challenging because these shippers are often not the hierarchically-
structured DTOs we encounter in other environments. Purchasers can also
access open source dark web marketplaces for the tools needed for the
manufacturing of synthetic drugs.
In the ECC environment, shipments are processed at 25 established
facilities located throughout the United States. Prior to arrival of
the express parcels, CBP reviews the manifest information transmitted
by the ECC operators and targets those high-risk packages requiring
examination. All parcels presented to CBP for examination are subjected
to Non-Intrusive Inspection (NII) to include X-ray and gamma ray
imaging. CBP operates in all 25 facilities Nation-wide.
CBP also operates within 9 International Mail Facilities (IMF),
inspecting international mail arriving from more than 180 countries.
Upon arrival in the United States, all international mail parcels are
screened for radiological threats. International mail requested for
inspection by CBP is then turned over to CBP by USPS. Subsequently, CBP
X-rays international mail packages that it requests from the USPS for
inspection, and physically examines those deemed to be high-risk.
CBP has seen a nearly 50 percent increase in express consignment
shipments over the past 5 years. In fiscal year 2013, CBP processed
over 76 million express bills; in fiscal year 2017, CBP processed
approximately 110 million bills. International mail shipments have
increased an astonishing 200 percent over the past 5 years. In fiscal
year 2013, CBP and the USPS processed approximately 150 million
international mail shipments. By fiscal year 2017, the number of
international mail shipments had swelled to over 400 million shipments.
Along the Southern Border
DTOs seek to smuggle opioids, most notably heroin, across our
Southwest Border and into the United States at and between our
POEs,\10\ and Mexican manufacturers and traffickers continue to be
major suppliers of heroin to the United States. The reach and influence
of Mexican cartels, notably the Sinaloa, Gulf, and Jalisco New
Generation Cartels, stretch across and beyond the Southwest Border,
operating through loose business ties with smaller organizations in
communities across the United States. The threat of these cartels is
dynamic; rival organizations are constantly vying for control, and as
U.S. and Mexican anti-drug efforts disrupt criminal networks, new
groups arise and form new alliances.
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\10\ Heroin is also sometimes transported by couriers on commercial
airlines. Heroin intercepted in the international commercial air travel
environment is from South America, Southwest Asia, and Southeast Asia.
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Along the Northern Border
Reporting indicates that cocaine and methamphetamine move north
into Canada after transiting the United States from Mexico, while
smaller quantities of marijuana, and ecstasy flow south from Canada
into the United States. While Northern Border POE seizures of
methamphetamine and heroin are low, ICE investigative case reporting
indicates that trafficking of these drugs are still responsible for
significant social harm and public health and safety consequences at
the individual and community levels in specific Northern Border
communities such as Massena, New York.
cbp resources and capabilities to target opioids
CBP, with the support of Congress, has made significant investments
and improvements in our drug detection and interdiction technology and
targeting capabilities. These resources, along with enhanced
information sharing and partnerships, are critical components of CBP's
ability to identify and deter the entry of dangerous illicit drugs in
all operational environments.
Advance Information and Targeting
An important element of CBP's layered security strategy is
obtaining advance information to help identify shipments that are
potentially at a higher risk of containing contraband. Under section
343 of the Trade Act of 2002 (Pub. L. No. 107-210), as amended, and
under the Security and Accountability for Every Port Act or SAFE Port
Act of 2006, (Pub. L. No. 109-347), CBP has the legal authority to
collect key cargo data elements provided by air, sea, and land
commercial transport companies (carriers), including ECCs and
importers.\11\ This information is automatically fed into CBP's
Automated Targeting System (ATS), a secure intranet-based enforcement
and decision support system that compares cargo and conveyance
information against intelligence and other enforcement data.
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\11\ Under TSA requirements, international mail destined for the
United States is treated similarly to other cargo and subject to
security controls. These security controls, are applied to
international mail prior to transporting on aircraft at last-point-of-
departure locations to the United States. 49 U.S.C. 44901(a) states:
``The Under Secretary of Transportation for Security shall provide for
the screening of all passengers and property, including United States
mail, cargo, carry-on and checked baggage, and other articles, that
will be carried aboard a passenger aircraft.'' Under 49 C.F.R. 1540.5,
``Cargo means property tendered for air transportation accounted for on
an air waybill. All accompanied commercial courier consignments whether
or not accounted for on an air waybill, are also classified as cargo.
Aircraft operator security programs further define the term `cargo.' ''
These requirements are not dependent on advance electronic manifest
data, as provided by ECC operators and other participants in the Air
Cargo Advance Screening (ACAS) pilot program.
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The National Targeting Center
At CBP's National Targeting Center (NTC), advance data and access
to law enforcement and intelligence records converge to facilitate the
targeting of travelers and items of cargo that pose the highest risk to
our security in all modes of inbound transportation. The NTC takes in
large amounts of data and uses sophisticated targeting tools and
subject-matter expertise to analyze, assess, and segment risk at every
stage in the cargo/shipment and travel life cycles. As the focal point
of that strategy, the NTC leverages classified, law enforcement,
commercial, and open-source information in unique, proactive ways to
identify high-risk travelers and shipments at the earliest possible
point prior to arrival in the United States.
To bolster its targeting mission, the dedicated men and women of
the NTC collaborate with critical partners on a daily basis including
ICE-HSI, the Drug Enforcement Administration (DEA), the Federal Bureau
of Investigation (FBI), members of the intelligence community, and the
United States Postal Inspection Service (USPIS). Investigative case
data is fused with CBP targeting information to bolster investigations
targeting illicit narcotics smuggling and trafficking organizations.
Moreover, NTC works in close coordination with several pertinent task
forces including the Organized Crime Drug Enforcement Task Force, the
High Intensity Drug Trafficking Areas, and the Joint Interagency Task
Force-West, as well as the Department of Homeland Security's (DHS)
Joint Task Forces (JTF).
Advance Electronic Data
In the postal environment, recent bi-lateral agreements regarding
advance electronic data (AED) between USPS and foreign postal operators
have increased CBP's ability to target high-risk shipments. CBP and
USPS now have an operational AED targeting program at five of our main
IMFs with plans for further expansion. USPS is responsible for locating
the shipments and delivering them to CBP for examination. Thus far in
fiscal year 2018, CBP has interdicted 186 shipments of fentanyl and
fentanyl analogues at the John F. Kennedy International Airport (JFK)
IMF, a participant in the AED program. One hundred and twenty-five of
those interdictions can be attributed to AED targeting. CBP and USPS
continue to work with foreign postal operators to highlight the
benefits of transmitting AED.
CBP, in close coordination with USPS and FDA, provided technical
assistance on the pending Synthetics Trafficking and Overdose
Prevention (STOP) Act to address these challenges in a multi-phase
process, which emphasizes risk assessment, technology, and
collaboration across the Federal Government and with our international
partners. We support efforts to expand the ability of USPS to collect
fees to help offset the additional cost associated with building the
capacity of foreign postal operators to implement AED collection, to
develop new scanning technology, and increase the availability of AED
for international mail.
Targeting Precursors
Many of the precursor chemicals that can be used to synthesize
synthetic opioids such as fentanyl are currently non-regulated and many
have legitimate uses. However, CBP has sufficient authority to seize
precursors if they can be identified as having illicit end-use
intentions, including the production of illicit drugs. CBP targets
precursor chemicals transiting the United States with destinations to
Mexico and other countries. When these shipments are identified through
interagency collaboration as having illicit end-use intentions, the
shipments are offloaded for further inspection and enforcement action
by external agencies such as the DEA and ICE-HSI.
In addition to targeting illicit substances directly, CBP also
targets related equipment such as pill presses and tablet machines. DEA
regulates pill press/tablet machines and there is an ICE Diversion
Coordinator assigned to the DEA Special Operations Division (SOD) who
oversees the investigations of pill press/tablet machine imports being
diverted for illicit uses. The Diversion Coordinator works closely with
the NTC to identify and target individuals importing and diverting pill
press/tablet machines to produce fentanyl and other synthetic drugs. In
fiscal year 2014, 24 seizures of pill presses and tablet machines were
made by OFO. The number increased to 92 in fiscal year 2017.
cbp resources and capabilities to detect and interdict opioids
CBP, with the support of Congress, has made significant investments
and improvements in our drug detection and interdiction technology and
targeting capabilities. CBP officers utilize a variety of technologies
and narcotics detection canines to detect and presumptively identify
illicit drugs, including illicit opioids, at international mail and
express consignment carrier facilities.
Non-Intrusive Inspection Equipment
At our POEs and in the international mail and express consignment
environments, CBP utilizes technology, such as non-intrusive inspection
(NII), X-ray, and gamma ray imaging systems to detect the illegal
transit of synthetic drugs hidden on people, in cargo containers, and
in other conveyances entering the United States. CBP currently has 304
large-scale NII systems and over 4,500 small-scale systems deployed to,
and between, POEs. These systems enable CBP officers to examine cargo
conveyances such as sea containers, commercial trucks, and rail cars,
as well as privately-owned vehicles, ECC, and international mail
parcels for the presence of contraband without physically opening or
unloading them. This allows CBP to work smarter and faster in detecting
contraband and other dangerous materials. Between October 1, 2003 and
April 30, 2018, CBP conducted more than 87 million NII examinations,
resulting in more than 20,000 narcotics seizures and more than $79.2
million in currency seizures.
Canines
Canine operations are an invaluable component of CBP's
counternarcotic operations. The CBP Canine Training Program maintains
the largest and most diverse law enforcement canine training program in
the country. CBP officers utilize specially-trained canines for the
interdiction of narcotics, firearms, and undeclared currency, as well
as in support of specialized programs aimed at combating terrorism and
countering human trafficking. OFO Concealed Human and Narcotic
Detection Canines are trained to detect concealed humans and the odors
of marijuana, cocaine, heroin, methamphetamine, hashish, ecstasy,
fentanyl, and fentanyl analogues.
The use of canines in the detection of narcotics is a team effort.
CBP's Laboratories and Scientific Services Directorate (LSSD) produces
canine training aids and provides analytical support to the CBP Canine
Training Program, including controlled substance purity determinations,
training aid quality analyses, and research on delivery mechanisms that
maximize safe vapor delivery during training exercises. Most recently,
OFO's National Canine Program, in coordination with LSSD, assessed the
feasibility of safely and effectively adding fentanyl and fentanyl
analogues as trained odors to deployed narcotic detection canine teams.
On June 23, 2017, the Office of Training and Development's CBP Canine
Training Program successfully completed its first Fentanyl Detection
Pilot Course. This added the odors of fentanyl and fentanyl analogues
to six OFO canine handler teams in the international mail and ECC
environments. Beginning October 1, 2018, all new OFO canine handler
teams graduating from the CBP Canine Training Program will have
successfully completed a comprehensive CBP Canine Detection Team
Certification to include the odors of fentanyl and fentanyl analogues.
Today, all OFO Concealed Human and Narcotic Detection canine teams
across all of OFO's operational environments have completed fentanyl
training.
During fiscal year 2017, OFO canine teams were responsible for
$26,813,863 in seized property, $1,905,925 in fines, $36,675,546 in
seized currency, $29,674,839 in Financial Crimes Enforcement Network
(FINCEN) actions, 197 firearms and 22,356 rounds of ammunition, 79
concealed humans, and 384,251 lbs. of narcotics. In fiscal year 2018
to-date, OFO canine teams have been responsible for $7,322,522 seized
property, $411,073 in fines, $7,951,376 in seized currency, $9,178,971
in FINCEN actions, 150 firearms, 5,418 rounds of ammunition, 105
concealed humans, and 187,409 lbs. of narcotics.\12\
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\12\ Effective 4/24/18.
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Laboratory Testing
As the narcotics seized through the international mail and at ECC
facilities usually have a very high purity, CBP officers at IMFs and
ECC facilities use various field testing devices to rapidly screen
suspected controlled substances and obtain presumptive results. Using
CBP's Laboratories and Scientific Services Directorate (LSSD) Field
Triage Reachback Program, CBP officers can transmit sample data
directly to LSSD for scientific interpretation and identification. When
any synthetic opioids are detected by the reachback program, LSSD
notifies key CBP personnel at the NTC, as well as our liaisons at the
DEA. CBP is working to expand the field testing program, along with the
scientific assets and personnel who are able to provide real-time
chemical composition determinations.
In 2016, CBP pilot tested four handheld tools and a new reagent
test kit to provide immediate presumptive testing for fentanyl and
fentanyl analogues. Based on the results of the pilot, OFO procured 12
systems for further testing across San Diego, Tucson, El Paso, and
Laredo Field Offices. Last year CBP purchased over 90 handheld
analyzers for deployment. Handheld analyzers improve officer safety,
and provides a near real-time capability to increase narcotic
interdiction.
Workforce Protection
CBP's front-line operations, including drug interdiction
activities, are extremely hands-on. The potential for contact with
dangerous substances--especially illicit synthetic opioids--is a very
real health and safety risk to law enforcement personnel and canines.
For example, in its pure powder form, fentanyl is approximately 50-100
times more potent in its intensity, speed of action, and effect than
morphine, and, at first glance, it is often mistaken for other drugs,
which appear as white powders such as cocaine or heroin. Due to the
risk of unintentional exposure and subsequent hazardous drug absorption
and/or inhalation, the confirmatory testing for the presence of
synthetic opioids such as fentanyl and its analogues is best executed
in a laboratory by trained scientists and technicians.
Explicit instructions, including guidance to canine handlers, have
been distributed to the field regarding the safe handling of fentanyl
and fentanyl analogues. Additionally, in response to increased seizures
at LPOEs and the upsurge in the use of heroin across the Nation, in
October 2015 CBP completed Phase 1 of a pilot program to train and
equip CBP officers with naloxone, a potentially life-saving drug for
the treatment of opioid exposure. During Phase I, CBP officers at seven
participating POEs \13\ received training on recognizing the signs and
symptoms of opioid exposure, administering naloxone, and were certified
as CPR instructors. In February 2016, CBP initiated Phase II of the
Naloxone Initiative Pilot Program, expanding the pilot to an additional
eight POEs and deploying 602 dual-dose Narcan Nasal Spray kits to the
field.\14\ To date, OFO has deployed 1,119 two-dose boxes of naloxone
to the field. Additional naloxone is being deployed to field offices
upon request, as additional personnel are trained in its
administration. The naloxone program has also expanded to LSSD to help
protect its scientists in both its main and satellite laboratories. CBP
was the first Federal law enforcement agency to implement such a
program.
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\13\ Phase 1 Naloxone Pilot Program POEs include El Paso; Laredo;
Fort Lauderdale International Airport; John K. Kennedy International
Airport; San Luis: San Ysidro; and Seattle/Blaine.
\14\ Phase 2 Naloxone Pilot Program POEs include Miami Int'l/Miami
Seaport; Boston; Buffalo; Detroit; Newark; Chicago; Houston Int'l/
Houston Seaport; and Dallas.
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information sharing and operational coordination
Substantive and timely horizontal and vertical information sharing
is critical to targeting and interdicting illicit drugs. CBP works
extensively with our Federal, State, local, Tribal, and international
partners and provides critical capabilities toward the whole-of-
Government approach to address drug trafficking and other transnational
threats at POEs, in our IMFs and ECCs, and along the Southwest Border,
Northern Border, and coastal approaches. Our targeting, detection, and
interdiction efforts are enhanced through special joint operations and
task forces conducted under the auspices of multi-agency enforcement
teams. These teams are composed of representatives from international
and Federal law enforcement agencies who work together with State,
local, and Tribal agencies to target drug and transnational criminal
activity, including investigations involving National security and
organized crime.
For example, CBP officers assigned to the Area Port of Philadelphia
work extensively with the Pennsylvania State Police and Delaware State
Police. For example, CBP officers recently collaborated with the
Pennsylvania State Police, Eddystone Police Department, DHS's Border
Enforcement Security Taskforce, and the Transportation Security
Administration to conduct an operation at Penn Terminal. Container
cargo, warehouses, and port grounds were scrutinized and several
individuals were identified as being in possession of fraudulent
identity documents. Previously-removed criminal aliens and a known gang
member with an active warrant of arrest were also identified and taking
into custody.
The OFO Tactical Operations Division directs special enforcement
operations, in concert with ICE-HSI and other law enforcement partners,
to identify and disrupt drug smuggling at targeted POEs, IMFs, and ECC
facilities. These operations involve NII technology, canine enforcement
teams, Antiterrorism-Contraband Enforcement Teams, Special Response
Teams, and other law enforcement partner resources. Baltimore Field
Office CBP officers also provide support to the Delaware Valley
Intelligence Center, Delaware Information and Analysis Center, and the
Pennsylvania Criminal Intelligence Center (PaCIC). The mission of PaCIC
is to support the decision-making process of Pennsylvania's law
enforcement agencies through collating, analyzing, and disseminating
intelligence and investigative information pertaining to criminal and
terrorism activity.
CBP hosts monthly briefings/teleconferences with Federal, State,
and local partners regarding the current state of the border--the
Northern Border and Southwest Border--to monitor emerging trends and
threats and provide a cross-component, multi-agency venue for
discussing trends and threats. The monthly briefings focus on drugs,
weapons, and currency interdictions and alien apprehensions both at and
between the POEs. These briefings/teleconferences currently include
participants from: The government of Canada, the government of Mexico,
DHS Headquarters, ICE, U.S. Coast Guard (USCG), DEA, FBI, U.S. Northern
Command, Joint Interagency Task Force-South, Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF), U.S. Attorneys' Offices, Naval
Investigative Command, State and Major Urban Area Fusion Centers, and
other international, Federal, State, and local law enforcement as
appropriate.
CBP is a key partner in the implementation of the Office of
National Drug Control Policy's (ONDCP) Heroin Availability Reduction
Plan (HARP). CBP also utilizes the Department of Justice's Nation-wide
Deconfliction System operated by the DEA, conducting interagency
deconfliction and coordination, and is working with the Heroin and
Fentanyl Working Group at the DEA Special Operations Division,
alongside ICE-HSI. The Baltimore Field Office also contributes to the
High-Intensity Drug Trafficking Area program (HIDTA), run by the United
States Office of National Drug Control Policy, by sharing intelligence
and contributing marine unit and other support to local joint
operations.
Collaboration with our partners yields results. For example, a CBP-
led multi-agency team seized fentanyl-laced heroin and marijuana, and
arrested three during a compliance examination at the Port of
Wilmington, Delaware on April 18, 2018. In addition to CBP, the multi-
agency team consisted of ICE-HSI, U.S. Coast Guard, Transportation
Security Administration, Alcohol Tobacco Firearms and Explosives (ATF),
Delaware State Police, and Delaware National Guard Counterdrug Task
Force. Authorities arrested a man near one warehouse who was in
possession of a distributable amount of fentanyl-laced heroin, and
discovered two additional men in possession of marijuana near another
warehouse. While inspecting Transportation Worker Identification
Credential (TWIC) cards of arriving port workers, authorities detected
two men with outstanding Delaware arrest warrants. Delaware State
Police troopers took custody of the two men.\15\
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\15\ https://www.cbp.gov/newsroom/local-media-release/multi-agency-
team-bags-heroin-marijuana-3-arrests-during-port.
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International Collaboration and Cooperation
Because DTOs are also known to use legitimate commercial modes of
travel and transport to smuggle drugs and other illicit goods, CBP
partners with the private sector to provide anti-drug smuggling
training to air, sea, and land commercial transport companies
(carriers) to assist CBP with stopping the flow of illicit drugs; to
deter smugglers from using commercial carriers to smuggle drugs; and to
provide carriers with the incentive to improve their security and their
drug smuggling awareness. Participating carriers sign agreements
stating that the carrier will exercise the highest degree of care and
diligence in securing their facilities and conveyances, while CBP
agrees to conduct site surveys, make recommendations, and provide
training.
The trafficking of opioids is a global problem, and CBP continues
to work with our international partners to share information and
leverage resources to combat this threat. CBP's Office of International
Affairs (INA) Technical Assistance Division (ITAD) conducts
International Border Interdiction training, coordinated and funded by
the Department of State, for various countries world-wide. These
courses provide instruction on multiple aspects of border security,
including targeting and risk management, interdiction, smuggling,
search methodologies, analysis, canine enforcement, and narcotics
detection identification. Within the last 6 months, INA/ITAD has
conducted anti-smuggling training in opiate source countries such as
Panama, Guatemala, Columbia, Ecuador, Peru, Mexico, Indonesia, India,
Thailand, Afghanistan, Kenya, Cambodia, and the Philippines. CBP also
provides an Identification of Drugs and Precursor Chemical training
course to Mexico and other drug source and transit countries to provide
key insight to foreign Customs Officers on the vast resources of
precursors available to narcotics producers and traffickers world-wide.
Through the 21st Century Border Management Initiative, the U.S.
Government and the government of Mexico are working to strengthen our
collaborative relationship and efforts to secure and facilitate the
cross-border flows of people and cargo. We receive information from
Mexican authorities on a daily basis that helps us better target drug
smugglers at the border and continue to work closely to expand joint
efforts to combat illicit drug cultivation, production, and
trafficking, and sharing more information on smuggling routes and
networks. This information sharing, facilitated by the CBP attache
office in Mexico, has allowed for an unprecedented exchange of real-
time information through deployments of personnel between our
countries. Today, CBP personnel are assigned to Mexico City under the
Joint Security Program where we exchange alerts on suspicious DTO
movements through the monitoring of our Advance Passenger Information
System. This information sharing has also led to numerous seizures and
cases within Mexico that serve to disrupt the activities of DTOs
throughout the Western Hemisphere.
conclusion
In coordination with our partners and with the support of Congress
CBP will continue to refine and enhance the effectiveness of our
detection and interdiction capabilities to prevent the entry of opioids
and other illicit drugs into the United States. Chairman Perry, Ranking
Member Correa, and distinguished Members of the subcommittee, thank you
for the opportunity to testify today. I look forward to your questions.
Mr. Perry. Thank you, Director Durst.
The Chair now recognizes Mr. Sunday for his testimony.
STATEMENT OF DAVID W. SUNDAY, DISTRICT ATTORNEY, YORK COUNTY,
PENNSYLVANIA
Mr. Sunday. I talk pretty loud. How is that? Chairman
Perry, thank you so much for having me today. I look forward to
not only providing some testimony, but also answering any
questions you have.
York County has approximately 434,000 people, citizens in
York County. We have 22 municipal police departments. Every day
they work with the Pennsylvania State Police, the DEA, the FBI,
the ATF, the postal inspectors on occasion, and sometimes
Secret Service and the IRS. I tell you that because everyone
here knows how devastating this epidemic is, and what I want to
talk about is how unbelievably destructive this is with regard
to local law enforcement, and what we are dealing with on a
county level.
That being said, there was a statement--part of Mr.
Miller's testimony involving fentanyl, and in 2013, zero
percent of the opioid deaths in York County involved fentanyl.
However, now in 2018, that number is over 90 percent, and that
is a very important statistic to know. I wanted to make sure
that everybody is aware of that, because that can't be more
telling. The reason that I am saying that it is telling is
because with regard to the police and local law enforcement, we
did as much as we could, and we are going to continue to do as
much as we can. So in 2015, we started a Heroin Task Force. The
purpose of the Heroin Task Force was to bring into the mix and
into the--I will say the fight, everybody throughout our
community. Because obviously, we have limited resources and so
we have to do everything we can to attack it. Again, this was
in 2015. We have on our Heroin Task Force medical doctors, we
have treatment providers, we have parents who have lost their
loved ones, we have police chiefs, we have EMTs, and we pretty
much have anyone in the community who is willing to lend a
helping hand.
Because we have a total of about 8 police officers working
in a pure--I will say narcotics law enforcement capacity in a
county of 434,000 people, we do have to find other ways to do
everything in our power to stem the death. As a district
attorney in York County, I get an email every time someone dies
of a heroin overdose death. At this point, it is about every
other day. What people need to understand is it is not just the
felony drug crimes. It is not just the deaths. I will tell you
that close to 80 percent of all the crime in York County--all
the crime--is either directly or tangentially related to this
epidemic and drug abuse, and that includes retail thefts,
thefts, domestic violence, robberies, aggravated assaults,
murders, DUIs--over half the DUIs in York County we know now
are not just alcohol. Over half the DUIs are also either
alcohol and drug, or just purely drug-related. That is critical
to understand because we have a tremendous amount of accidents
in York County that kill people.
So oftentimes the focus is on the actual drug itself and
the felony arrest that comes with it, which is obviously an
absolutely critical component to the long-term solution. That
being said, it is important to understand the wide-ranging
devastating effects that go throughout the entire community,
and one thing I want to state that is very important for
everyone to understand is this is decimating our local
resources. The opportunity costs of this epidemic will be
devastating, and it will be destructive to our community for a
generation to come.
Our hospital in York County, the NICU, is full of babies
that are born addicted to heroin. The Children, Youth, and
Family Services are absolutely destroyed because they can't
keep up with the amount of calls they receive to go check on
homes. We have children who are being raised by their
grandparents because the--all the parents are in prison. York
County Prison in particular is ahead of the curve with regard
to working on our opioid collaborative, so they also are on our
task force. What we are doing, in addition to doing everything
possible with regard to law enforcement, we are doing
everything we can to work with our Federal partners. We are
also working every day with the Pennsylvania State Police as
well, and I wanted to make sure that everybody understood that,
that this epidemic, this all hands on deck could not be more
accurate. We are working every single day with every single
partner that will possibly lend a hand, and that is something
we want to continue to do.
Along the same lines, we have gone into schools. We found a
nonprofit that put together a curriculum to go discuss what
heroin abuse means to junior high school students, and the York
County District Attorney's Office also has led the Commonwealth
in prosecuting a case called--a charge called drug delivery
resulting in death when someone deals drugs that causes someone
to die. So we are working with our community on the community
side of this, and we are also doing everything in our power
with regard to law enforcement, and we look forward to
continued collaboration.
I look forward to your questions.
[The prepared statement of Mr. Sunday follows:]
Prepared Statement of David W. Sunday
Chairman Perry, Ranking Member Correa, and distinguished Members of
the committee: It is a privilege to appear before you today to discuss
the threat posed to our community by the opioid epidemic and ways in
which all levels of government have come together to fight it.
overview
York County is a Class III county which encompasses 911 square
miles and has a population of 434,972 as of the 2010 census. While the
county seat of York County, York City, is an urban center with a
population of 43,859, our county is primarily a rural and agricultural
locale. Halfway between Philadelphia and Baltimore, York County is
easily accessible from any direction. Both Interstate 83 and Route 30
dissect York County and Interstate 81 skirts its western border.
Like so much of our Nation, York County has suffered greatly from
the opioid epidemic. This epidemic has been one of continual change.
Heroin, once primarily accessible in York City, has now fully
infiltrated our suburban and rural communities. This has been reflected
in the great multitude of county-wide drug arrests and fatal overdoses.
Unfortunately, because York is a smaller metropolitan area, heroin
dealers are able to maximize their profits by selling to our county's
residents. For the inconvenience of transporting the drug to this
market, dealers are able to double their profits. Two thousand dollars
($2,000) worth of heroin in Philadelphia can be sold in York County for
$4,000 after it has been cut by local dealers.
Fueled in part by the relative low cost, heroin use and overdoses
have exploded over the past decade. In 2011, York County reported 47
fatal drug overdoses with 13 being heroin-related. Within 3 years,
these numbers spiked to 110 fatal drug overdoses with 62 being heroin-
related. This horrific trend continued and during the year 2016, York
County suffered 123 fatal drug overdoses with an astounding 116 being
heroin-related. Overall, between 2011 and 2016 the number of heroin-
based drug overdoses increased nearly ten-fold.
The rapid explosion of the heroin epidemic in our county has
resulted in York being the 25th out of 67 Pennsylvania counties for
drug-related overdose deaths per 100,000 people. However, in raw
numbers, York ranks 9th out of 67 Pennsylvania counties for drug-
related overdose deaths. Since 2016, the York County District Attorney
has received notification of 299 suspected overdose deaths from the
York County Coroner. As of early April 2018, the District Attorney was
already notified of 40 suspected overdose deaths since the start of the
year. Sadly, this places York County on track to surpass the 167
suspected overdose death notifications received throughout 2017. Of the
391 deaths caused by drug overdoses in York County between 2015 and
2017, 279 have been caused by an opioid overdose.
impact on law enforcement
While drug overdoses and related deaths are horrific consequences
of the opioid epidemic, they are not the only consequences. This crisis
has generated a hefty caseload of secondary offenses which has greatly
burdened the county's criminal justice system. It is estimated that at
least 80 percent of all crime in York County is either directly or
tangentially related to drug abuse.
York County has fought hard against the opioid epidemic, striving
to be at the forefront of the battle. In 2014, recognizing that the
evolving issue required major policy changes, the York County Coroner
and York County District Attorney united to implement a more global and
comprehensive response. Prior to 2014, fatal drug overdoses were rarely
treated as crime scenes. Moreover, while toxicology reports were
completed, autopsies were not. These conditions presented difficulties
in prosecuting drug-related deaths.
York County now conducts an autopsy for every suspected heroin
overdose. If paraphernalia is discovered at the scene or there are
suspicious circumstances, the coroner will automatically request that
an autopsy be conducted. Suspicious circumstances can include track
marks, the decedent having wet clothing, evidence of the decedent being
moved, the decedent being found slumped over in a seated position, or
the decedent was recently clean from drug use. Ultimately, an autopsy
is able to confirm an overdose death and rule out other possibilities.
This greatly aides the county in establishing its evidentiary burden
for prosecuting drug-related death crimes.
As of May 2014, all 23 police jurisdictions in York County as well
as the Pennsylvania State Police have transitioned to treating heroin-
related overdoses as crime scenes. Furthermore, phones at the scene are
collected to aide in the apprehension of the victim's dealer.
Additionally, the York County Coroner's office is now able to provide
suspected overdose death notifications to the York County's District
Attorney's Office. This collaborative process has enabled York County
to lead the State through the prosecution of 46 counts of Drug Delivery
Resulting in Death (DDRD) since 2013. This effort has resulted in 4
guilty by jury trial, 4 pleas to DDRD, 1 plea to criminal conspiracy of
DDRD, 3 pleas for involuntary manslaughter, 5 pleas for felony drug
offenses, 1 plea to a misdemeanor drug offense, 1 abatement because of
Defendant's death, and 27 remaining active cases. Overall, the County
has achieved a 44 percent success rate in obtaining DDRD convictions
where a disposition has been reached.
That being said, this operational pace has begun to take its toll
on the entire local government infrastructure and in particular our
police, prosecutors, and first responders. Stated plainly: This
epidemic is decimating our resources and the opportunity cost will be
devastating to the health and safety of our community.
Regardless, York County Law Enforcement prides itself on our
ability to work together to achieve the common good. This ideal is real
and it is the reason that we have had such positive results. At any
given time, there are local, State, and Federal law enforcement
agencies seamlessly collaborating to achieve a given result. This
concept is mission-critical and any other approach would be
unacceptable.
community efforts
In addition to criminal justice initiatives, the York DA's office
and York Coroner's office formed a community group of volunteers to
further combat the heroin epidemic. In fact, York was the second county
in PA to form a community-based Heroin Task Force. This task force has
dedicated its time to increasing awareness in York County and educating
our residents on the heroin crisis. By the spring of 2014 our task
force began its educational outreach in the community's schools and by
August 2014 the task force developed a community educational
presentation. Since the education initiative began, our County has
presented the educational program over 120 times to church groups,
fire/EMS personnel, 9-1-1 dispatchers, prison staff, school parents,
students, township managers, police departments, colleges, church youth
groups, and senior citizen groups.
Over time, as numbers grew and we identified the need for
specialization in unique areas, the York Heroin Task Force morphed into
the York Opioid Collaborative (YOC). The YOC is led by an executive
director and counts amongst its members: Law Enforcement, Treatment
Providers, Educators, Clergy, Concerned Citizens, Medical Doctors and
College Professors, to name a few.
In addition to our aggressive prosecution of drug dealers and
educational initiatives, York County has heavily utilized and dispensed
the life-saving drug Narcan across the county. Similar to the use of
AED's, Narcan can now be found in many schools and workplaces. This has
resulted in over 100 saves from April to December 2015. Further, this
number has spiked to 232 saves in 2016, which was one of the highest
number of saves across all Pennsylvania counties.
York has had tremendous success in making the battle against the
heroin crisis a collaborative effort. Groups such as Not One More, I
Will Recover, York Harm Reduction Project, and Byrnes Health Education
Center have created a large unified front in York County. As the county
moves forward, it would like to leverage this collaborative approach to
continue to improve access to rehab and detox programs. Recently, the
treatment center White Deer Run's York location has increased its
number of detox beds from 7 to 17, in addition to adding a second
location. York County is also working to provide appropriate and timely
access to Methadone maintenance treatment programs in the York/Adams
area. This effort has led to Pyramid increasing their program's
capacity from 175 people to 420 people, effectively alleviating waiting
lists.
Furthermore, York/Adams Health Choices Management unit, in
conjunction with YADAC, opened a Methadone clinic last summer in
Hanover through Pinnacle Health. YADAC has also implemented the Jail
Project at York County Prison in order to ensure that individuals who
meet intensive treatment recommendations receive expedited managed care
enrollment and treatment access. Vivitrol is also being utilized in
this program. The RASE project successfully implemented buprenorphine
coordination and recovery support services in York and Adams County.
Finally, the York/Adams County Drug and Alcohol Commission, in
conjunction with York/Adams Health Choices Management Unit has opened a
16-bed male halfway house in York County in order to ensure client
access to a critical level of care that was previously absent in the
community.
closing
York County's leaders, through necessity, work daily to increase
the efficacy of the criminal justice system; provide drug education for
its residents, and support the efforts of the York Opioid
Collaborative.
Accordingly, it is critical to understand that the aggressive
prosecution of drug dealers is only one part of the overarching
collaborative process. We must employ every weapon in our arsenal if we
are to turn this crisis around.
Thank you again for the opportunity to appear before you today.
Mr. Perry. Well thank you, Mr. DA. We appreciate your
input.
Now we will take the testimony from Mr. Singley.
STATEMENT OF RAYMOND SINGLEY, DIRECTOR, BUREAU OF RECORDS AND
IDENTIFICATION, STATE POLICE DEPARTMENT, COMMONWEALTH OF
PENNSYLVANIA
Mr. Singley. Good afternoon, Chairman Perry and
Representative Thompson. Thank you for allowing the
Pennsylvania State Police to participate in this field hearing
and address the opioid epidemic that the Commonwealth is
experiencing. Opioid abuse and addiction occurs in every cross-
section of Pennsylvania. No one is immune.
The PSP began in 1905, with just 228 officers. Today, PSP
is the 10th-largest police department in America, with an
enlisted complement of over 4,700 sworn, and a civilian
complement of about 1,800. We are the primary police agency for
over 60 percent of the Commonwealth's 1,200 municipalities. We
patrol 100 percent of the interstate highways and the
turnpikes. We also oversee a variety of things, such as the
State crime laboratories, the State radio system, Municipal
Police Officers Education and Training Commission, liquor
enforcement, and that is just to name a few. We provide
specialized support to all law enforcement, such as the
Pennsylvania Criminal Intelligence Center, or PaCIC, computer
crime investigations, tactical teams, air supports, K-9,
polygraphing, Amber alerts, and the list goes on and on.
PSP is comprised of 16 different troops, and they provide
police service to their respective areas of responsibility, and
we have 12 bureaus that support those troops and augment their
capabilities. The Bureau of Criminal Investigation is just one
example, and contains both the intelligence division and the
drug law enforcement division, which I will refer to as DLED.
There are approximately 100 members that are assigned to the
DLED, and focus solely on investigating and disrupting
significant drug trafficking organizations. Efforts include
both uniform and plainclothes interdictions, long-term
undercover investigations, financial investigations, asset
forfeitures, and clandestine laboratory responses.
While marijuana is an ever-present problem for us, and both
cocaine and methamphetamine are on the rise, opioids remains
our greatest concern. There has been a substantial increase in
the availability of fentanyl and fentanyl-related substances
over the last few years. The entire Commonwealth has been
affected, although as you pointed out, some portions of the
State have been more impacted than others. The synthetic
opioids are far more dangerous than other drugs, and PSP has
had to respond to this increased hazard by procuring personal
protective equipment for all of our members. We have also
obtained though a Cops Anti-Heroin Task Force grant high-tech
field drug testing devices, known as TruNarcs, and
strategically deployed those 15 units across the Commonwealth
to reduce exposure to these drugs. All members of the
Pennsylvania State Police have also been trained with and carry
the opioid overdose reversal drug, naloxone.
We work closely with the Governor's Unified Coordination
Group, which is a group of over 15 State agencies that was
developed through Pennsylvania's Opioid Disaster Declaration in
January of this year, and again renewed in April. Through the
joint efforts, PSP has installed 15 prescription drug takeback
boxes throughout the Commonwealth. Our PSP intelligence
division was a leading developer of the Overdose Information
Network, also known as ODIN, which is a database developed to
collect data on fatal and non-fatal overdoses, naloxone
administrations, identifiable markings on drug packaging, and
so on. It provides real-time critical information to aid in
drug investigations.
PaCIC works with multiple Federal, State, and local law
enforcement agencies, and they are part of the Overdose Task
Force that is comprised of law enforcement, medical
professionals, coroners, and the Department of Health. PSP also
works closely with Federal entities as well. Reactive in the
Liberty Mid-Atlantic HIDTA, the Northeast Counterdrug Training
Center at Fort Indiantown Gap. We have full-time troopers with
the FBI, DEA, and we have a great working relationship with
HSI, Homeland Security.
We have sent deputized troopers as far away as Alaska to go
with them to work joint investigations. They are also mentoring
us with the dark web, the crypto-currency investigations too.
They provide a lot of training for us. We have 12 troopers that
are--have Title 19 CFR training and can act under its
authority. We have a good relationship with U.S. Customs and
Border Patrol, and they are also a further liaison to help us
with Federal resources.
In conclusion, we believe the opioids and the synthetic
drugs will continue to pose a threat for the foreseeable
future, and any actions taken to assist in decreasing the
volume or the attractiveness of these substances, as well as
removing people from society who deal in this poison will help
us in our efforts to protect all Pennsylvanians. Thank you for
the opportunity to provide input, and I look forward to the
questions.
[The prepared statement of Mr. Singley follows:]
Prepared Statement of Raymond Singley
June 19, 2018
Good afternoon. Thank you for allowing the Pennsylvania State
Police (PSP) to participate in this field hearing to address the on-
going opioid epidemic that the Commonwealth is experiencing. Opioid
abuse and addiction occurs in every cross-section of Pennsylvania;
leaving no one unaffected or immune. The solution to this epidemic is
complex and requires a multifaceted approach with community,
Government, and law enforcement working together to educate and treat.
The PSP began in 1905, with just 228 officers and was the first
uniformed organization of its kind. Today, the PSP is the 10th largest
police department in America, with an enlisted complement of 4,719
members (15 percent of all sworn officers in the Commonwealth) and a
civilian compliment of 1,791. The PSP is a full-service Police Agency
whose duties include uniform patrol, crash investigation, criminal
investigation, and response to all types of incidents.
The PSP is the primary police agency for 1,200 municipalities, or
62 percent of the Commonwealth. We patrol 100 percent of the interstate
and Turnpike highways, 85 percent of the Commonwealth's land area, and
66 percent of the Commonwealth's highways. Additionally, the PSP
oversees the State Crime Laboratories, State-wide Radio System,
Municipal Police Officers' Education and Training Commission, the
Pennsylvania Access to Criminal History, the Pennsylvania Instant Check
System, Liquor Control Enforcement, and Megan's Law to name just a few.
Furthermore, the PSP provides specialized support to all law
enforcement such as the PA Criminal Intelligence Center (PaCIC), drug
law, computer crime, tactical teams, air support, K-9, polygraph, Amber
Alerts, and Missing and Endangered Persons Advisories.
The PSP is comprised of 16 troops that provide police service to
their respective areas of responsibility and 12 bureaus that support
those troops and augment their capabilities. The Bureau of Criminal
Investigation is just one example and contains the Intelligence
Division and the Drug Law Enforcement Division (DLED), which are
germane to this hearing.
Approximately 100 members are assigned to the DLED and focus solely
on investigating and disrupting significant drug trafficking
organizations. Efforts include both uniform and plain clothes
interdictions, long-term undercover investigations, financial
investigations, asset forfeitures, and clandestine laboratory response.
When fully staffed, the DLED is comprised of members who perform Safe
Highways Initiative through Effective Law Enforcement and Detection
(SHIELD), clandestine laboratory response, undercover account
administration, financial investigation, asset forfeiture, and
interdiction and strike force functions. While those members are
assigned to a particular function, they frequently assist other details
within the DLED and Troops throughout the Commonwealth. The DLED takes
full advantage of cutting-edge training, advanced surveillance and
tracking tools, wiretaps, and grand juries.
While marijuana is an ever-present problem, and both cocaine and
methamphetamine use is on the rise, opioids remain our greatest
concern. There has been a substantial increase in the availability of
fentanyl and fentanyl-related substances (FRS) over the last few years.
Across the Commonwealth, forensic crime laboratories are reporting a
major increase in fentanyl in drug samples submitted for analysis this
year. Results from drug chemistry analysis that were conducted by
State, local, and Federal forensic laboratories reported an approximate
65 percent increase in fentanyl or fentanyl derivatives. In 2017, the
PSP, comprising only 15 percent of the Commonwealth's law enforcement,
seized nearly 70 kilograms of heroin, over 65 kilograms of fentanyl/
FRS, and made over 12,500 drug-related arrests (misdemeanor and felony
combined).
The entire Commonwealth has been affected; some portions of the
State more so than others. This scourge has affected areas beyond our
boundaries as well, including most of the Appalachia area and many of
the New England States.
These synthetic opioids are far more dangerous than other drugs.
Fentanyl is 50 times more potent than heroin and carfentanil is
estimated to be 10,000 times more potent. The manner in which these
drugs can enter the body is of special concern to law enforcement and
first responders. Beyond traditional ingestion and intravenous
induction, it can be inhaled and absorbed dermally as well. That makes
accidental exposure a real danger to narcotics officers, canines, first
responders, and the public in general who may inadvertently encounter
the substances. The PSP has responded to this officer safety issue by
changing the way drugs are handled and by procuring personal protective
equipment. We have also obtained high-tech drug field testing devices
known as ``TruNarc'' and strategically deployed the units across the
Commonwealth to reduce the likelihood of accidental exposure to these
drugs by law enforcement officers.
The PSP Clandestine Laboratory Response Team (CLRT) has also seen a
remarkable spike in fentanyl-related lab call outs. These responses
range from decontaminating police officers who were exposed to
suspected fentanyl, through actual fentanyl labs producing counterfeit
pills. The CLRT responded to one such case in 2015 and one case in
2016. In 2017, they were activated on ten occasions; 7 related to
fentanyl and 3 for carfentanil.
All members have been trained and have carried the opioid overdose
reversal drug naloxone since April 2015. All marked Patrol Units are
outfitted with naloxone (1,105 marked cars in fleet), and all members
assigned to drug work are individually issued kits. Thus far in 2018,
we have deployed naloxone 56 times resulting in 9 lives lost and 47
lives being saved. This is a marked increase with year over year
comparisons in 2017.
Fentanyl is also being turned into counterfeit pharmaceutical pills
and sold to unwitting users. This is of special concern since
Pennsylvania passed legislative measure Act 191, the Achieving Better
Care by Monitoring All Prescriptions Program (ABC-MAP) in October 2014.
This Prescription Drug Monitoring Program (PDMP) captures Schedule II-V
prescribed substances, is searchable by prescribers and pharmacies, and
requires prescribers to check the PDMP the first time they prescribe an
opioid or if they suspect a patient is suffering from an opioid
addiction. While this is a significant step in the right direction in
our battle against opioid addiction, an unintended consequence is that
``pill shoppers'' now must obtain their pills in a more underground
manner. It makes this group of addicted people especially vulnerable to
counterfeit fentanyl pills.
Fentanyl can cause a much higher rate of overdose than heroin due
to its potency; despite its lower usage rates. Drug overdoses resulting
in death have been well publicized. In 2015, the State recorded 3,383
drug overdose deaths, that jumped to 4,642 drug-related overdose deaths
in 2016 (a 37 percent increase), and in 2017, there were more than
5,000 deaths (data analysis is continuing). This number would make
Pennsylvania the fourth-highest ranked State in overdose deaths.
We realize that combatting drugs requires the efforts of many and
work closely with the Governor's Office Unified Coordination Group
(approximately 15 State agencies) that was developed through
Pennsylvania's Opioid Disaster Declaration in January of this year.
Through joint effort, 65 prescription drug drop boxes were installed at
stations throughout the Commonwealth. This provides the public with
access to the boxes 24 hours a day, 7 days a week, 365 days a year; to
properly dispose of legally prescribed medication. Thus far in 2018,
over a half ton (1,147 lbs.) were collected. The PSP Intelligence
Division was the leading developer of the Overdose Information Network
(ODIN), which is a database developed to collect data on fatal and non-
fatal overdoses, naloxone administrations, and identifiable markings on
drug packaging that is available to all law enforcement agencies and
Emergency
9-1-1 Centers throughout the Commonwealth. The database provides law
enforcement with real-time critical information needed from an
enforcement perspective to aid in drug investigations. It also provides
leadership in law enforcement, Government officials, community leaders,
and policy makers reliable information in order to make informed
decisions when combating drug issues that could compromise public
safety and health. While some of the information is law enforcement-
sensitive, it does provide some critical information to the Department
of Health, county coroner, and other social service entities to assist
them in fighting this epidemic as well.
PaCIC works with multiple Federal, State, and local law enforcement
agencies on many levels of narcotics related investigations to include
biographical workups, case assistance with charting, mapping, toll
analysis, etc. PaCIC, Drug Analysis Unit (DAU) is part of the Overdose
Task Force that is comprised of law enforcement, medical professionals,
coroners, PA Department of Drug and Alcohol Programs (DDAP), the
Department of Health, etc.
PaCIC, DAU provides presentations on drug trends to law enforcement
and private-sector agencies. The unit has created pamphlets/brochures
on the dangers of one-pot methamphetamine labs and drug identification
awareness for law enforcement and private-sector agencies. PaCIC,
Critical Infrastructure and Key Resources Unit disseminates the Monthly
Drug Overdose and Identifiable Marking Analysis Report to public and
private-sector partners to share information regarding lethal drugs
contributing to fatal and non-fatal overdoses in their counties.
Federal, State, and local law enforcement agencies provide data to be
included in the report in addition to the mandatory reporting by the PA
State Police.
PaCIC, DAU members are on the staff for Top Gun and SHIELD
Programs. The details of the Top Gun Training were provided by Captain
Raymond S. Singley. Associated to our Fusion Center, the DAU has a
full-time analyst assigned by the PA National Guard/Counter Drug
Program. Also associated to the Fusion Center are the DEA, FBI, ATF,
DHS, State DOC, PA Office of Attorney General, and Harrisburg Bureau of
Police, all who have a liaison assigned to PaCIC and have requested
drug-related information or case assistance from PaCIC.
PaCIC has an Intelligence Liaison Officer program which consists of
approximately 450 law enforcement partners that provide and receive
information from PaCIC for investigations to include narcotics related
investigations.
The PSP works closely with Federal entities as well, with the
Commissioner serving on the Executive Board of the Liberty Mid-Atlantic
High Intensity Drug Trafficking Areas, by providing guidance in budget
and finance matters, overseeing internal initiative reviews,
formulation of policies and procedures, and development of the
intelligence program. Similarly, we are engaged with Northeast
Counterdrug Training Center at Fort Indiantown Gap. The board of
directors is comprised of military and senior law enforcement officials
within the region.
Through the board and partnerships with anti-drug organizations,
associations, community coalitions, and emergency responders, training
gaps are identified, curriculum is developed, and exceptional training
made more accessible to reduce the availability and use of illicit
drugs. An example of this is the highly touted ``Top Gun'' school which
provides drug investigation/prosecution training to students made up of
municipal officers, Troopers, and prosecutors.
The PSP works closely with Federal law enforcement too. It is
essential that we pool our knowledge across the agencies, engage in
intelligence and resource sharing, and collaborate. Doing so provides
seamless transitions of investigations to prosecutions, whether at the
State or Federal level. To that end, the PSP dedicates six troopers
full-time to the FBI's Joint Terrorism Task Force, and five troopers
full-time to the Drug Enforcement Administration Task Forces. We
maintain great working relationships with Homeland Security
Investigations and have sent deputized troopers as far as Alaska to
conduct joint investigations with them. As ``dark web'' and ``crypto
currency'' investigations developed, they provided specialized training
and equipment to specific troopers and continue to mentor them. Earlier
this year HSI traveled to our training academy and provided several
days of crucial training on these areas to many investigators and their
command staff. The U.S. Customs and Border Protection works closely
with the PSP as well. Twelve troopers have received Title 19 Code of
Federal Regulation training and can act under its authority. They too
provide support to us and liaison for further Federal resources.
In conclusion, we believe opioids and these synthetic drugs will
continue to pose a threat for the foreseeable future. Production levels
appear to be consistent, new forms of fentanyl are emerging, and the
distribution is becoming more diverse with the ``dark web'' market
places and cryptocurrencies. Significant resources are being expended
to combat the havoc that the abuse of these drugs has wreaked upon
Pennsylvania. Any actions taken to assist in decreasing the volume and
attractiveness of these substances, as well as remove people from
society who deal this poison will help us in our efforts to protect all
Pennsylvanians. Thank you for the opportunity to provide input on this
very important matter.
Mr. Perry. Mr. Singley, I--and all the witnesses, we thank
you for your time and your testimony. We will--each of us will
spend 5 minutes, we will ask questions, and we will volley back
and forth since it is G.T. and I, and we have time constraints
so we probably won't get all our questions answered. We are
going to do a pretty good--try and do a pretty good job here of
getting as much as we can in. There is so much to talk about,
right?
I am going to start with Special Agent Miller. In your
testimony, you cite China and Mexico as the main producers and
transit hubs for synthetic opioids. One of the things we dealt
with in Washington is when we target one synthetic opioid, they
just change the formula a little bit and then that is not
illegal because it is something new, right? That is a challenge
for us, keeping in our--you know, maintaining our rights but
also getting after the people that produce this stuff and use
it and sell it.
Just out of curiosity, to what extent are synthetic opioids
entering the United States via the Northern Border with Canada?
Do we--do you have any indicators or can you inform us at all
about that? Because I think our perceptions are most of them
either come in international mail or across the Southern
Border.
Mr. Miller. For the most part, we have our Border
Enforcement Security Task Force teams that are up there that
are actually collocated and working well with our State and
local departments, and also with our foreign partners. In
specifics about amounts coming across, I can't get into the
specific amount but I would venture to say that small amounts
would be coming across.
Mr. Perry. But you would characterize it at this point as
small amounts?
Mr. Miller. Yes.
Mr. Perry. I mean, where is the nut of the issue, Mr.
Miller? Do you think--is it the Southern Border and----
Mr. Miller. It is the Southern Border.
Mr. Perry. It is the Southern Border.
Mr. Miller. That is what is really damaging areas. There's
the boats coming in from Mexico, and then the amounts coming in
in small doses but high potency coming in through the mail
that's from China. That is what is really getting us.
Mr. Perry. Are there any countries that you expect to
become major producers in the next 5 years, other than the
countries already enumerated? Do you see a trend? Are we going
to start producing it locally? Do you see that trend at all,
or----
Mr. Miller. Right now, I'm sorry, I don't see that.
Mr. Perry. OK, that is great.
How does HSI coordinate with State and local law
enforcement to conduct secure deliveries of packages that
contain opioids? I don't want you to give any intelligence
away, but you know, what factors such as prosecutorial
constraints may impact a Federal, State, or local law
enforcement agency from participating in a secure delivery? I
ask that because people like G.T. and I, we want to enable you
to be able to do as much as you can. If there is some hindrance
regarding you and our DA, State Police, et cetera, we want to
know what that is so we can try and help solve the problem.
Mr. Miller. So, so far I can kind-of give you the rundown
from seizure from JFK International Airport, the international
mail facility, you know. CBP will make a seizure, will work
with our HSI office in JFK. JFK will alert us to say there is a
package destined for Pennsylvania, for some part of
Pennsylvania. We will most likely go meet them halfway so we
can have a hand-off of the package itself, and at that point we
would hook up with PSP and have it analyzed or have their crime
guys take a look at it as well. But we find that having PSP
working with us is easier for State prosecution, and if it
develops into anything more, we will go Federally.
Mr. Perry. Thank you. Let me see here. I think this will be
for Ms. Durst.
CBP reports that in 2013 it seized approximately 2 pounds
of illicit fentanyl. This is in 2013. So far this year, you
folks have seized approximately 1,218 pounds. Can you just let
us know from your perspective what you think is driving--I
mean, that is a remarkable increase. What is driving that?
Ms. Durst. So first of all, we are able to do presumptive
testing now at our international mail facilities and at the
express consignment facilities.
Mr. Perry. So can you explain presumptive testing so we all
know?
Ms. Durst. Yes, sir. Presumptive testing means that right
there on-site in our facilities, we are able to make a
determination as to what the item that we have encountered is.
As you have heard from SAC Miller, we are receiving at the
international mail facilities small quantities of illicit
fentanyl and fentanyl analogs. You know, they obviously don't
come with a tag on them, and when we have technology that has
been supported by the Congress to right there in our facility
make an immediate determination as to what that item is, and
then pass that onto Homeland Security Investigations, that is
something that didn't exist in 2013. So with the onset of the
interdict DAC we were able to obtain these presumptive testing
mechanisms, that assists us at the ports of entry.
Mr. Perry. I don't want to put any words in your mouth, but
I am just trying to make sure I understand and make sure
everybody in the hearing understands. I get the perception that
the timing of these things is as important as anything else in
pursuing who the perpetrators are and where it is going, and so
on. So that is a tool that you almost have to have or it would
slow you down to the point where they would get it somewhere
else. They would be suspect because it didn't show up or
whatever. That is a tool that has probably--and like I said, I
don't want to put words in your mouth, but I want you to
characterize maybe if you could how--if that is important and
how important it is.
Ms. Durst. It is absolutely critical to have the
presumptive testing devices on-site at our ports of entry.
Really, it does get down into the timing. The transnational
criminal organizations know how they have shipped their goods
and they know where they are going and approximately when they
are going to arrive. If we can intercept and then presumptively
test and then turn the item over to our law enforcement
partners in HSI to then move forward with either controlled
delivery and then ultimately possible prosecution, it really
does bode well, I think, for the entire governmental community
and the American people.
Mr. Perry. Excellent, thank you.
G.T.
Mr. Glenn Thompson. Chairman, thank you, and thank you
for--each of you for your service and for making such a
difference on, you know, keeping us safe. Safety and security
and really trying to address this public health crisis that we
have--District Attorney Sunday, thank you. Thank you for your
service. You are in the trenches, you and your colleagues, our
district attorneys in Pennsylvania are on the front lines, and
you are surrounded by great people and great resources to draw
upon. I had an opportunity to speak about one of your
colleagues out in Armstrong County and I know, you know, the
district attorneys really can make a difference in terms of
your focus and your commitment. I want to thank you for what
you do for York County.
This morning, we did--as the Chairman said, we had an
opportunity to go out to, you know, PaCIC and what a great
opportunity that was to learn about what our Pennsylvania State
Police are doing. Helping them to be effective and helping to
be a resource, and such collaboration.
So my question is how does your--the York County DA's
office, your office benefit from working with the Pennsylvania
Criminal Intelligence Center, and what type of information does
PaCIC have that your office would not have access to without
that partnership?
Mr. Sunday. OK. Thank you, sir. There are two points I want
to make in answering that question. The first one is local DA's
office--county DA's offices more now than ever have become
reliant upon expert areas within their own county versus where
years ago there would be certain experts, for example, at the
Pennsylvania State Police, and that is because of the
overwhelming and changing environment with regard to crime. So
what I mean by that is PaCIC is a tool that our drug task force
uses every single day, literally every single day. One of the
things that has allowed us to leverage that asset very
successfully has been I entered into a Memorandum of
Understanding with the Pennsylvania State Police that allowed a
county intel analyst to be trained by PaCIC and to work at
PaCIC 1 or 2 days a week. So that gave us the ability to have
someone who knows everybody in York County, knows all the
police departments in York County, is familiar and works with
our drug task forces that physically 1 or 2 days a week is
actually located in the PaCIC office. He sits beside--you know,
I have to be careful. He sits beside the other people that work
up there as well, and they share information on a daily basis.
He has the proper clearances, and so that actually speeds up
the flow of information to us.
PaCIC provides a lot of different types of information. For
us on the ground level, on the day-to-day fight, the
information that is most helpful from PaCIC is the assistance
in identifying individuals, identifying vehicles, who may be
driving a certain vehicle, who someone's associates might be,
and that type of information is absolutely critical to
successful drug prosecutions on the street level. That is
something, again, that is used every single day, every day.
Mr. Glenn Thompson. Thank you for what you do, and all your
colleagues and district attorneys across--Major Singley, thank
you for your service. Congratulations on your recent promotion.
You know, we know we are talking about data and data is
essential for combatting the opioid epidemic as it can identify
the trends and allow resources to be deployed most effectively,
especially with this real-time data, it seems to me as things
change, you know, back before where we are at today with ODIN,
I mean, there was a delay and a delay unfortunately that really
impacted effectiveness.
So what efforts are the Pennsylvania State Police taking to
harness opioid-related data, and how does the use of this data
impact the Pennsylvania State Police resources?
Mr. Singley. Well the ODIN network itself, sir, is
basically taking a paper system and making it electronic. So
what was unusable data in the past becomes now usable. It helps
us understand, I hate to say, what a bad batch of fentanyl or
bad batch would come through, and you start having numerous
overdoses. That is going to show up through ODIN, and then our
partnerships, we can notify EMS, maybe start--maybe even put
out a message saying that we have a bad batch of drugs out
there, that if hopefully people wouldn't take it.
It helps us--we can pull resources from--fairly quickly, so
if we need to pull them off certain investigations and put them
on others, it helps us. If we see long-term trends, again,
working with our Federal partners we can pass along that
information and hopefully maybe shut down the drugs that are
actually coming into the country or from certain areas of the
country.
Mr. Glenn Thompson. Very good. Thank you. Mr. Chairman.
Mr. Perry. So just continuing on with the conversation, I
hate to, you know, have an informal conversation here. As much
as I hate to bring it up, it is just something that occurred to
me. Maybe we ought to discuss the impact, especially for local
folks, Pennsylvania State Police I consider some local as you
listed the statistics of how much you cover Pennsylvania and DA
Sunday, you know, you are working in a county, just like G.T.
said, in the trenches.
How has this impacted budgets, your budget? We have been in
the war on drugs for a long time, so this is not a drug that--
at least for heroin, it has been around for a long time, but of
course the spike in usage is different. But fentanyl is new. Is
there--has this made it markedly different and has it strained
your budgets, particularly because of the opioid portion of the
epidemic? Have you had to do things differently than you have
in the past that come down to cost at some point?
Mr. Sunday. I mean, I can speak--and I am going to tailor
this answer specifically to the district attorney's office
versus other county entities. What I can tell you is this
epidemic has put us in a position where, first of all, we do
not have the resources to do this the right way. Because of
that, there is an opportunity cost to many, many other types of
crimes and other programs that are not getting the attention
they should receive. I am not saying that because people aren't
doing their jobs. It has nothing to do with that.
I spoke with the detective today on my way up here and I
said one last thing. What do you want me to tell the
Congressman if he asks me, and he said tell him every day we
are trying to drink water out of a fire hose. This is from a
30-year law enforcement veteran who knows multiple people on
this panel, and he said every day I am drinking water out of a
fire hose.
So specifically what that means is in my office, we have
had to--I created a grant writing position, which just came
into effect like 4 months ago. So we are trying to find every
grant humanly possible because what people need to understand
is in the Commonwealth and in York County--so we have 22
municipal police departments. Okay I apologize if I am talking
very fast, but I am staring at the clock ticking, so----
Mr. Perry. It is all good.
Mr. Sunday. So we have 22 municipal police departments, and
those police departments are primarily driven by answering
9-1-1 calls, OK, and so what that means is they--it is very
difficult for smaller police departments to dedicate one person
solely to investigating drug crime. So, the way we are able to
do that is leveraging our relationships with other people, and
that affects our budget because with the DA's office has to
take people and make them special county detectives and give
them the ability to have that--to have the entire
jurisdiction----
Mr. Perry. Relationship.
Mr. Sunday [continuing]. Of York County. So that is very
stressing to us. There is next to no money in the county budget
for it. We pay for a portion of it through the proceeds of drug
seizures, and we don't have people that are--they are basically
borrowed by the DA's office to do this type of work for a time
period, and then they go back to their department.
OK, and so that being said, we need full-time drug
investigators. We don't have it. The crime drug delivery
resulting in death that we now prosecute, the only way that we
were able to prosecute that, about 4 years ago what we did was
we started to autopsy----
Mr. Perry. Every single one.
Mr. Sunday [continuing]. Every potential drug or opioid-
related overdose death. That is a tremendous financial impact
on the county budget, on the coroner's budget. In addition to
that, in York County as of 2015, we started treating every
single drug overdose scene as a crime scene, like we would any
other homicide case. So because of that, we are asking so much
more from law enforcement officers and that is time that they
are not spending on other things. That is overtime that has to
be paid. That is the cost of prosecution that comes with this.
Right now we have over 125 pending investigations for drug
delivery resulting in death cases, which is very difficult and
it is very overwhelming.
So that being said, you know, our budgets are completely
blasted by this, and it is going to cause problems for years
and years, if not decades, to come.
Mr. Perry. Well that is not encouraging, but we came to get
the information, right, so that is what we are doing here. So I
appreciate your candor.
Mr. Miller, this--and anybody can chime in here, but--and
we can continue the conversation because this is, I think,
going to require more than the time available. But would you
talk about the dark web and how that plays into this, and kind-
of how maybe people that aren't involved in the drug culture,
like can they recognize anything? You think there are plenty of
parents out there who their kids get involved and they might
not know they are getting involved. Are there signs they could
see, or you know, are there things to point to to be aware of?
What can you tell us about the dark web and how it is
included--well, my time is up, but if you keep that----
Mr. Glenn Thompson. You are the Chairman.
Mr. Perry. He will--G.T. will indulge me, so if you--yes.
Mr. Miller. So we do our best to give out information to
kind-of educate the public about internet, dark web, as well as
the crimes that exist on there. Like around this time when kids
are out of school, we kind of put out a PSA or talk to the
media about getting a message out to the parents about, you
know, your kids are out of school, you know, be kind-of aware
of what they are doing on the internet and who they are talking
to or chatting with. So that is one aspect.
But with regard to the dark net, I mean, from our agency
perspective, you know, we are tracking the packages that are
coming in from JFK, the international mail facilities, and 95
percent of what we receive in the Pennsylvania area is coming
out of China and out of JFK. So we get the package, we work the
case, and the delivery to the suspect, we are able to, you
know, get them in their confidence and have them work with us
as far as, OK, you are going to help yourself and help law
enforcement, kind-of tell us, OK, how did you acquire this?
That is kind-of the key to figuring out where the other--the
specific vendors are on the dark net is talking to the suspects
that we arrest.
Mr. Perry. How do you even know--like I got to be truthful.
I don't know--I don't even know how to get to the dark net. How
does something--does it look different? Is the address--how
do--how will parents know? How can you know?
Mr. Miller. That is the thing. I am not as technically
savvy, but I know that there is a program you use, a TOR--that
you use to get into the dark net, and it is not query-able like
Google, so you specifically have to know how to navigate that.
You know, kids these days are really very resilient, and
they've really got a lot of knowledge.
I know from my knowledge that I have given a lot of talks
to schools at career day, and just throw it out to the kids,
you know, high school, do you know about the dark net, and a
small percentage raise their hand. I say well tell me a little
bit more about the dark net, and they talk about ``yeah you go
through TOR, you know--URLs to kind-of get to where you need to
go. You can buy anything on there.'' I'm like, ``Wow.'' So I
mean it's, you know, the kids these days know. They are pretty
smart, but definitely it is a totally different way to get into
it. It is not just dialing up and going into Google. I mean,
you have to have a specific program to get into that.
Mr. Perry. Anybody else familiar?
All right. It seems like something probably Congress needs
to become more informed on from a policy standpoint, but I
yield to G.T.
Mr. Glenn Thompson. Thank you, Chairman. Thank you.
Well Director Durst, I wanted to--I mean, exactly how does
the Baltimore Field Office coordinate with the Pennsylvania
Criminal Intelligence Infusion--Fusion Centers?
Ms. Durst. So we have a DHS representative that is embedded
within the Fusion Center here in Pennsylvania, and we work with
that individual. That person prepares intelligence reports and
bulletins and coordinates across really the full scope of
Federal, State, and local law enforcement entities here within
Pennsylvania. That individual really is a DHS direct link into
the State law enforcement intelligence community, and with that
comes reciprocity. That means that the State and all of the
State's resources have at their fingertips the Federal
resources.
So we share information. We collaborate, you know, when
there are intel alerts and bulletins, they are distributed at
the Federal level and/or the State level. It really is
information sharing.
Mr. Glenn Thompson. Yes, it seems like--my impression, it
has been amazing where one of the criticisms we had on 9/11 was
sort-of the silos that we--everybody operated in. I mean, we
had great qualified people with good information, but there
were these silos. There was--the collaboration was limited, I
guess, at best. But today, I mean, just today the picture that
you all are painting is one of really effective collaboration.
I am impressed the DA's office has somebody embedded for a
couple days a week here at PaCIC and just seems that that is
incredible. We have learned our lessons maybe the hard way that
it is incredibly important strategy for effectiveness when it
comes to law enforcement across the board, sharing resources,
collaborating, sharing information, and you have all painted a
pretty impressive picture of that.
I have got your testimony, and it is timely. You mentioned
our K-9 friends that we employ, our K-9 officers, I consider
them. We just lost a K-9 officer up in Warren County to just a
really sad training incident, and he was laid to rest with
honors recently. You had made mention of the measures that are
taken, because these dogs are being exposed to--as they perform
their duties--they use that all powerful nose to be able to
sniff out things. But if you had made reference that you--you
know, part of your procedures is to have resources to be able
to protect these K-9s and keep them well?
Ms. Durst. Yes, sir. So all of our K-9 handlers carry
naloxone, and they have an injectable version of naloxone so
that if our K-9s do encounter fentanyl or fentanyl analog, we
are able to provide that immediate care to our K-9.
You know, we have been carrying naloxone. All of our K-9
handlers have been carrying that for over 20 years. It really
is something that we are very concerned about. Those are our
partners, and they work side-by-side us to help secure our
country. You know, the K-9 teams and the carriage of the
naloxone really is critical, but I also want to point out that
in the international mail environment, one of the things that
goes to the safety of the K-9s is the manner in which the
fentanyl, fentanyl analogs, and opioids in general are
packaged. As we discussed earlier, coming through the
international mail facilities, the narcotics are tightly
concealed in an effort to evade detection. So that also bodes
well for our K-9s. So what they are smelling is a residual odor
and not actually getting into the substance. Our K-9s are also
trained to passively alert, meaning that they don't tear into
the goods. They will sit down and passively alert, which is
certainly something that bodes well for their health and well-
being.
Mr. Glenn Thompson. Absolutely. Special Agent Miller,
speaking of ports of entry, I guess, I wanted to just ask
briefly about how the Homeland Security Investigations agents
are working at the Border Enforcement Security Task Force are
best at the Philadelphia International Airport, and how do you
coordinate with State and local law enforcement agencies to
investigate opioid smuggling?
Mr. Miller. So we have actually two Border Enforcement
Security Task Forces, one at the airport and one at the
seaport, and our primary partner is CBP. We can't really get
our job done without Customs and Border Protection. They know
the seaport, they know the airport, the international area, and
so it would take a holistic look at who are the players in the
area. Philly PD is basically the security of the airport, and
also with TSA and even the surrounding local townships in that
area. So we are not only looking at what is going on at the
airport, but also we are looking at surrounding townships, and
even the hotels, because sometimes drug dealers or narcotics
smugglers are utilizing the local hotels to bring in and drop
off loads or exchange money, so we have, you know, connections
with the hotels as well. So that is working with the hotels,
the airport, and in collaboration with the State and local as
well, and again, the seaport and the airport are primary
partners and CBP.
Mr. Glenn Thompson. Thank you. Thanks, Chairman.
Mr. Perry. Mr. Singley, you mentioned something I hadn't
really thought about, but by--procure, what have you,
additional protective--personal protective equipment for your
officers who are dealing with it, because--and you know, it was
kind-of new to me, but a person that comes into contact with
fentanyl can become immediately incapacitated, I guess. That is
my understanding, right? So I am just wondering in that vein,
you know, because fentanyl is put into so much of the heroin,
and not only is the user not aware of it, but maybe people
around the user are not aware of it. Are, for lack of a better
phrase, civilians or other people who just aren't involved in
the drug situation and the using situation, are they at
jeopardy, are they at risk? Is there anything being done to
inform them of, you got to be--if you touch this stuff, you
could be in the same problem as your loved one or the person
that you know?
Mr. Singley. Yes, it is not quite immediate.
Mr. Perry. OK.
Mr. Singley. It wouldn't be, if you touch it, you drop. It
would, through transdermal, it may take 15, 20 minutes to start
feeling the effects. If you know you have it on yourself, you
certainly could wash it off as a person, but I don't believe
the situation you are describing the person is going to know,
so if they have a loved one who is using and they come in
contact with it, certainly it could impact them.
We are doing everything we can to educate----
Mr. Perry. Sure.
Mr. Singley [continuing]. People and I think we discussed
here a little bit, I don't know what else we do to get the
education out.
Mr. Perry. What is the answer for somebody that comes into
contact on an ancillary basis? Is it naloxone for them as well?
Is that the answer?
Mr. Singley. Yes.
Mr. Perry. OK.
Mr. Singley. That is just a temporary fix.
Mr. Perry. Sure.
Mr. Singley. That's not, you know, hopefully follow up and
go to, you know, the emergency room or something like that. But
yes--and every law enforcement officer I know, every EMS,
everybody carries naloxone.
Mr. Perry. Right.
Mr. Singley. Even off-duty, in my backpack I have a
tourniquet and naloxone.
Mr. Perry. Right, and we know now that for people that are
receiving prescribed opiates, they have access to naloxone, and
so I, you know, with this thing seemingly spiraling further and
further, it is just, I think, important for people to know if,
you know, if you have somebody that is using, however they got
there, you potentially are in jeopardy too and to be prepared
to use it on yourself if you have to. It is just something to
think about.
Mr. Sunday, York County DA's office has the most drug
delivery resulting in death charges in the State based on your
program. I am just wondering, do you think that is--using the
charges deters future drug dealers? Do you think that they
think about those things? Is that a consideration for them? Do
you think it is a deterrent?
Mr. Sunday. Well, I think--well first of all--thank you. A
few different points I want to make to answer that question,
and the first one is with regard to it being a deterrent. I
would say that it is too early to tell if it really is a
deterrent. What I can tell you is based on our investigations,
without going into great detail, I know that there are street-
level dealers and mid- to lower-level dealers who are cognizant
of, believe it or not, the--what they are doing and the
knowledge that they may want to make sure that it is not
something that kills an individual. So we have had that through
investigations come out. Is that a deterrent in a material way?
I would say most likely not; however, drug delivery resulting
in death as a charge is something that is one of a thousand
arrows in the quiver that law enforcement and everyone in the
community has to use to solve this problem.
With that being said, it is important to remember that
for--we have over 10,000 criminal cases a year in York County,
and of those 10,000 cases, I would say on average maybe only 9
or 10 are the charge of drug delivery resulting in death. Over
the last 4 years, we have had 4 jury trials. They have all been
convictions. We have had 4 people plead guilty to drug delivery
resulting in death. We have had conspiracy to drug delivery
resulting in death, involuntary manslaughter, third-degree
murder conviction for this, and a point I want to make very
quickly is, you know, necessity is the mother of invention, and
through this awful, terrible crisis that we are in, there has
been some positive points that I want to make. One of the main
positive points I am going to say is the collaboration and the
daily work that our local law enforcement does with our Federal
partners all throughout this table and all throughout the
country. I mean, they work together almost like they are
coworkers in different buildings, and so that is something that
is very positive that has come out of this that hopefully will
certainly continue.
Mr. Perry. Pennsylvania--thank you. Pennsylvania enacted a
Good Samaritan law which provides immunity to a person who
calls 9-1-1 on behalf of someone suspected of overdosing. Do
you think that has--does that make a difference? Do you think
that--I would like your thoughts on that.
Mr. Sunday. So that is a very controversial topic, and I am
glad you asked that question because when we first--so when the
Good Samaritan Act was first passed, the Good Samaritan law
does not mandate--it does two things. No. 1, it allows for
limited immunity for some of the calls to 9-1-1, but it also
allows for police officers to carry naloxone. So York County
jumped right on board. Delaware County was first. They had
everybody with naloxone. We were shortly right after that, and
so all the police officers carry naloxone.
Now with regard to the immunity part of this, the whole
goal at that point--you have to remember 4 or 5 years ago, some
people threw the red flag and they were saying this crisis is
coming. It is coming. It is coming. So the legislature, I
believe, rightly acted to create this immunity because I have
personally had cases--we had a case in York County where
someone was dying of a heroin overdose and the people with him
threw him in a snowbank and let him die in a snowbank, because
they didn't want to call 9-1-1 because they knew they were
going to get charged. So, as a result of the Good Samaritan
Act, there are many, many more calls to emergency medical
services for people that are overdosing.
The issue, however--and all it is tangentially--I would say
well more directly related to that is the use of naloxone and
whether or not those two things combined has made a difference.
So without taking your potential thunder on another question,
the Good Samaritan Act itself, in my opinion, certainly has
saved lives without question, because many, many more people
call 9-1-1. You can't save or fix dead, and so saving a life is
Step 1. So that certainly, in my opinion, has achieved--has
helped to achieve that, because York County law enforcement
have saved over 400 lives with naloxone in 3 years, so----
Mr. Perry. Yes. Well, I appreciate your candor and I think
the people who care for those lives, family members, friends,
or whatever, they are appreciative of the action as well
because like you said, at least there is another opportunity to
try and get on the straight and narrow and not be afflicted
with it, but you lose that opportunity once the person is gone.
So I know it is controversial, but you can see the tangible
effect for family members and loved ones, and it is important,
so--G.T.?
Mr. Glenn Thompson. One final question from me just broadly
to everyone, we--you know, I am so appreciative of the fact
that we have gotten to a point with the--ODIN, the electronic
data to be able to take what was overwhelming individual data
points and not really benefit from it, and with this new
system, it seems like we have moved beyond, you know, perhaps
making decisions, tactical decisions, preemptive decisions
based on gut instinct, experience, all good things, anecdotal
information.
So it was interesting at PaCIC the chance to see the heat
maps of--and it was just PSP, obviously, but I was just
wondering based on the data we have so far--and I know that
that is relatively new, but impressive--any thoughts in terms
of what the root causes of some of those more intense areas
are? Is it travel corridors, is it--you know, this problem cuts
across all socioeconomic classes, obviously all levels of
education or lack of education. It seems like it is--doesn't
discriminate in terms of how it impacts all kinds of folks. I
was just wondering have we been able to begin to identify any
of the root causes where we have the--certainly some of the
most intensive density of occurrence?
Mr. Sunday. I mean, I would say it is supply and demand. In
York County, if you look at the drug over---the heroin or
opioid-related deaths in York County and you would put a heat
map over York County, you would see that about 40 percent are
within the city of York itself, which is in the very middle of
the county, and then a few other areas, maybe 20 percent here,
15 percent there, and all of the areas where the majority of
the deaths are, are the areas where there is more heroin
available. So--and although that sounds like a simplistic
answer, very simply, you know, the areas where the most deaths
are the areas where the most heroin is.
Mr. Glenn Thompson. We started to see--and maybe not yet,
but the question is why are more people seeking it there? What
is the root cause that causes that behavior? Maybe we are not
there yet, but I think with this data that we are using today--
we have to get to the root cause of our problem and you know,
the why is the decision made to be able to seek that, and once
the market--then market forces kick in. The more people seek
it, the more the market will provide.
Mr. Sunday. You have to kind-of look back in time because,
for example, York City, like a lot of other third-class cities
in the Commonwealth, have had a similar issue with regard to
becoming basically like--and this happened over the last decade
where they have become almost like treatment meccas.
Mr. Glenn Thompson. Yes.
Mr. Sunday. What I mean by that is there are several living
homes that have popped up throughout a lot of these third-class
cities. So there are over 100 in the city of York, and of those
100--I mean, they are not regulated. That has happened over the
last decade, and so people have gone on-line to find a place to
go recover. They see York, Pennsylvania. They will come to a
home there, and again, they are not regulated. They are located
right in the same area where a lot of the drug dealers are, and
so it is sort-of a self-fulfilling prophecy because you have
people going to get treatment where the drug dealers are, and
that in itself has created the catalyst through which those
market forces have occurred.
Mr. Glenn Thompson. I have watched that evolution. I
practice health care in Lycoming County, Williamsport, and that
had its roots in, you know, what was--a decision was made to
really, as you described, make it be a mecca for treatment.
Unfortunately, not all treatment is effective.
Mr. Sunday. Exactly.
Mr. Glenn Thompson. Yes, and it had a lot of consequences
as the decades went on.
Thank you, Chairman. I yield back.
Mr. Perry. Yes, sir. I am going to get one last one in as
well in the interest of time, but you know, each of you have a
unique perspective about what maybe some of the whole-of-
community and whole-of-Government solutions could be, and it is
not going to end overnight, but I just want--you know, from
your position, what efforts do you think would be most
effective to end this or to seriously curb it? How should
such--these efforts be measured, you know, if you have a
thought on that? You know, like I said, just kind-of pick your
brains a little bit. I mean, you are on the front lines, each
of you, from your own perspective, so while things that are
important to the DA might be wholly different than yours, you
are worried about a huge influx of packages both on the, you
know on the--I forget how you characterized those contract
carriers as opposed to the mail, but each of you have a
different perspective. Can you impart to us what you think
would be--because we, you know, whether it is prescribing,
whether it is availability, whether as G.T. says--and I happen
to agree with him--whether it is just the addictive--the nature
of addictions. If we could solve that, this is just the flavor
of the day, right, but if we could solve that--but each of your
perspectives I think add to the equation here of a solution,
and I would like to just get your final thoughts on that.
Mr. Miller. Looking at--I really value the work
relationship we have with the Allegheny County laboratory. It
seems that not only do they help us in our--turning over our--
the drug analyses, but also with educating us on what the
analogs are that they are finding day to day. Also, they are
coordinated across the country to kind of educate us on what
they are seeing in different areas of the country and what is
popping up that is new.
So you know, I think one aspect of that is continuing that
work relationship with them, and another aspect is, you know,
regionally we kind-of get together within a month HSI SACs,
talk about JFK International mail facility. One key there is
that the cases that we work, the information that we glean,
intel that we gather needs to go back up there to, for the help
of the targeting of these packages, and that is another key
that kind of helps them to tie up the flowing into our area. So
those are the two key aspects.
Mr. Perry. Thank you. Ms. Durst.
Ms. Durst. Yes, sir, thank you. So first of all, again, I
just wanted to say that CBP appreciates the instrumental
support of Congress on the interdict and stop acts. Those
things have been absolutely critical. Thank you very much on
those. Know that we are going to continue--as you have heard
from SAC Miller, we will absolutely continue to work with our
partners in the Federal, State, and local arena. We have found
that the best way for us to interdict fentanyl and--illicit
fentanyl and fentanyl analogs is those three elements of our K-
9 assets, our X-ray technology, and the advanced targeting. In
those arenas, it really does become very important, as you also
heard from SAC Miller, that advanced information we can really
do tremendous amounts of law enforcement analysis and study on
it prior to the packages arriving at the United States.
What we can also do is upon interdiction, we can then share
that information with our law enforcement partners through our
National Targeting Center and through these regionally
established relationships, such as the Fusion Center here in
Pennsylvania, to ensure that law enforcement entities at all
levels of government have the information that they need in
order to successfully combat this opioid epidemic.
Mr. Perry. We had a conversation earlier. Tell me again the
volume of--by weight or packages that you deal with annually?
Ms. Durst. It is 1.7 million per day approximately. Last
year we saw--and those are packages with goods in them. That
excludes letter class mail. Last year, we saw 501 million
packages with goods.
Mr. Perry. How many K-9 officers do you have, ma'am?
Ms. Durst. So at the express consignment courier facility
in Philadelphia, we receive 3.8 million parcels annually, and
we have three K-9 assets at that facility.
Mr. Perry. So 3.8 million parcels and three K-9 officers,
and that has been a sticking point for the Committee and the
Department of Homeland Security for some time. We feel that
they need to have more resources in that regard because they
are very effective. So thank you for your testimony.
Mr. District Attorney.
Mr. Sunday. First of all, I want to thank you sincerely for
coming here and for having this hearing. This is obviously
very, very important, and there are just a few final, brief
notes here.
The first one is we currently--if you look at this
epidemic, we have people who are currently in the throes of
addiction. Those individuals who are in the throes of
addiction, we have to do everything we can to mitigate the
addiction they are going through. All the individuals who have
not become addicted, we have to do everything we can to keep
that from happening. Both of those parts of this equation are
completely contingent, in some ways, on the flow of drugs in
our communities.
So with that being said, you know, we local DAs, we are
sort-of at the bottom of the valley and everything sort-of
comes down into the valley, and we find ways to deal with it to
keep our heads above water, you know, to work with everyone we
can to come up with ideas and--but for that to ever start to
work, the flow down the valley has to slow down. So I would
very simply ask you to provide Mr. Miller and Ms. Durst
everything they need to do their job to help turn the hose
down, for lack of a better term, so that local authorities can
even catch their breath to be able to do the things that we
should be doing for our communities.
So that is it.
Mr. Perry. Thank you. I think I got it. I appreciate it.
Mr. Singley.
Mr. Singley. I like what Representative Thompson said at
the beginning about this is all hands on deck.
I see a lot of times people put efforts or money into the
community or into prevention or treatment or law enforcement,
and the fact is we are all together. You know, speaking from a
trooper's point of view, we are from the community. We are just
people serving people, and you know, we took off 34 million or
more dosage units last year. I think that would be
preventative. We helped walk people into treatment, you know,
and of course if all else fails, you know, we are there to keep
law and order and arrest people.
But I think when we concentrate on, you know, we can't
arrest our way out of this. Well, we can't prevent our way out
of this. It is sort-of--it separates us as opposed to putting
us together, and I think we--as we are sitting here and as you
are here with us today--and thank you--we need to come
together.
Mr. Perry. We are mindful that the people that are addicted
don't--they don't want to be addicted, and you said it well,
they've, you know, they got people that are and people that are
using that may be, and we got to do all we can to save these
from being and those from getting. We appreciate more than you
know your input today, and your willingness to leave your
posts, so to speak, and come up here and provide the
information to us. It is important as policy makers that we are
informed.
You know, I--from my standpoint, I learned a lot, but I
still have some outstanding questions. I think this dark net
thing is something that--and as a parent, I think we have to
figure a way to be informed so we know what kids are doing, and
they are getting it somehow, and maybe we are not tech savvy
enough to know what it is, but if we care about our kids and we
want them to stay alive and stay away from this stuff, then we
are going to have to get in the fight on that. So information
is powerful, and it is just one of the many things that we--I
think personally I got out of today is just more of an
awareness of that, and my lack of information on it. So I have
to do a better job myself with that.
In any case, in the interest of time, the Chair thanks the
witnesses for their valuable testimony and the Members for
their questions. Members may have some additional questions for
the witnesses, and we will ask that witnesses respond to those
in writing, if you should get any questions from us that we
lacked--failed to get to you today.
Pursuant to Committee Rule VII(D), the hearing record will
remain open for 10 days, and without objection, this committee
stands adjourned.
[Whereupon, at 1:55 p.m., the subcommittee was adjourned.]