[House Report 109-352]
[From the U.S. Government Publishing Office]
Union Calendar No. 193
109th Congress Report
1st Session HOUSE OF REPRESENTATIVES 109-352
_______________________________________________________________________
THE METHAMPHETAMINE EPIDEMIC: INTERNATIONAL ROOTS OF THE PROBLEM, AND
RECOMMENDED SOLUTIONS
__________
FOURTH REPORT
by the
COMMITTEE ON GOVERNMENT REFORM
Available via the World Wide Web: http://www.gpoaccess.gov/congress/
index.html
http://www.house.gov/reform
December 16, 2005.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
______
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2005
49-006 PDF
COMMITTEE ON GOVERNMENT REFORM
TOM DAVIS, Virginia, Chairman
CHRISTOPHER SHAYS, Connecticut HENRY A. WAXMAN, California
DAN BURTON, Indiana TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York
JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania
GIL GUTKNECHT, Minnesota CAROLYN B. MALONEY, New York
MARK E. SOUDER, Indiana ELIJAH E. CUMMINGS, Maryland
STEVEN C. LaTOURETTE, Ohio DENNIS J. KUCINICH, Ohio
TODD RUSSELL PLATTS, Pennsylvania DANNY K. DAVIS, Illinois
CHRIS CANNON, Utah WM. LACY CLAY, Missouri
JOHN J. DUNCAN, Jr., Tennessee DIANE E. WATSON, California
CANDICE S. MILLER, Michigan STEPHEN F. LYNCH, Massachusetts
MICHAEL R. TURNER, Ohio CHRIS VAN HOLLEN, Maryland
DARRELL E. ISSA, California LINDA T. SANCHEZ, California
JON C. PORTER, Nevada C.A. DUTCH RUPPERSBERGER, Maryland
KENNY MARCHANT, Texas BRIAN HIGGINS, New York
LYNN A. WESTMORELAND, Georgia ELEANOR HOLMES NORTON, District of
PATRICK T. McHENRY, North Carolina Columbia
CHARLES W. DENT, Pennsylvania ------
VIRGINIA FOXX, North Carolina BERNARD SANDERS, Vermont
JEAN SCHMIDT, Ohio (Independent)
------ ------
Melissa Wojciak, Staff Director
David Marin, Deputy Staff Director/Communications Director
Keith Ausbrook, Chief Counsel
Rob Borden, Parliamentarian/Counsel
Teresa Austin, Chief Clerk
Phil Barnett, Minority Chief of Staff/Chief Counsel
Subcommittee on Criminal Justice, Drug Policy, and Human Resources
MARK E. SOUDER, Indiana, Chairman
PATRICK T. McHenry, North Carolina ELIJAH E. CUMMINGS, Maryland
DAN BURTON, Indiana BERNARD SANDERS, Vermont
JOHN L. MICA, Florida DANNY K. DAVIS, Illinois
GIL GUTKNECHT, Minnesota DIANE E. WATSON, California
STEVEN C. LaTOURETTE, Ohio LINDA T. SANCHEZ, California
CHRIS CANNON, Utah C.A. DUTCH RUPPERSBERGER, Maryland
CANDICE S. MILLER, Michigan MAJOR R. OWENS, New York
VIRGINIA FOXX, North Carolina ELEANOR HOLMES NORTON, District of
JEAN SCHMIDT, Ohio Columbia
Ex Officio
TOM DAVIS, Virginia HENRY A. WAXMAN, California
J. Marc Wheat, Staff Director and Chief Counsel
Nick Coleman, Counsel
Malia Holst, Clerk
Julian Anthony Haywood, Minority Counsel
LETTER OF TRANSMITTAL
----------
House of Representatives,
Washington, DC, December 16, 2005.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: By direction of the Committee on
Government Reform, I submit herewith the committee's fourth
report to the 109th Congress. The committee's report is based
on a study conducted by its Subcommittee on Criminal Justice,
Drug Policy, and Human Resources.
Tom Davis,
Chairman.
(iii)
C O N T E N T S
----------
Page
Executive Summary................................................ 1
Methamphetamine: An Overview..................................... 2
The Consequences of Meth Abuse................................... 2
Sources of Methamphetamine....................................... 3
Meth Precursors: Fuel for the Fire............................... 4
Squeezing the Balloon: Why U.S. Anti-Meth Strategy Needs an
International Component........................................ 5
Recommendations.................................................. 5
Executive.................................................... 5
Legislative.................................................. 6
Conclusion....................................................... 7
(v)
Union Calendar No. 193
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-352
=======================================================================
THE METHAMPHETAMINE EPIDEMIC: INTERNATIONAL ROOTS OF THE PROBLEM, AND
RECOMMENDED SOLUTIONS
_______
December 16, 2005.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Davis, from the Committee on Government Reform submitted the
following
FOURTH REPORT
On December 15, 2005, the Committee on Government Reform
approved and adopted a report entitled, ``The Methamphetamine
Epidemic: International Roots of the Problem, and Recommended
Solutions.'' The chairman was directed to transmit a copy to
the Speaker of the House.
Executive Summary
Of the many drug threats facing our Nation, few can compare
in their growth or destructiveness to methamphetamine abuse.
The methamphetamine problem has grown at a dramatic rate; in
the words of U.S. Attorney General Alberto Gonzales, ``meth is
now the most dangerous drug in America.''\1\ According to
surveys conducted by the National Association of Counties, meth
is now the No. 1 drug problem for the majority (58 percent) of
county law enforcement agencies, and the drug is having far-
reaching impacts on child welfare services.\2\
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\1\Prepared Remarks of Attorney General Alberto Gonzales, National
District Attorneys Association meeting, Portland, ME, July 18, 2005.
\2\National Association of Counties surveys: ``The Impact of Meth
on Children: Out of Home Placement'' and ``The Criminal Effect of Meth
on Communities,'' July 5, 2005.
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Although a great deal of attention has been paid to the
local production of meth in small, clandestine (or ``clan'')
laboratories, the majority of the U.S. supply of illegal meth
is now believed to come from Mexico, or is controlled by
Mexican drug trafficking organizations. Moreover, virtually all
of the world's supply of the major meth precursor chemical--
pseudoephedrine--is manufactured overseas, in only relatively
few factories. As such, meth is as much an international
problem as it is a local problem.
This report, the first report by the committee on the
methamphetamine problem, focuses on this international aspect
of the epidemic. Building on the oversight work done by the
Subcommittee on Criminal Justice, Drug Policy, and Human
Resources since 2001, this report describes how the
international trade in precursor chemicals fuels the large-
scale foreign production of the meth that poisons our local
communities.\3\ The report also points the way toward solutions
that may help dramatically reduce the supply of this most
dangerous drug.
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\3\The subcommittee has held 11 hearings on methamphetamine
trafficking and abuse since Representative Mark Souder (R-IN) became
chairman in 2001, including 7 field hearings outside Washington, DC.
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Methamphetamine: An Overview
Methamphetamine, commonly referred to as ``meth,'' is among
the most powerful and dangerous stimulants available. Referred
to by many names, such as ``speed,'' ``meth,'' and ``chalk,''
meth is a derivative of amphetamine that severely impacts the
central nervous system. The drug can be smoked, snorted, orally
ingested, or injected. In powder form meth resembles granulated
crystals, and in a rock form it is known as ``ice.''\4\
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\4\See http://www.nida.nih.gov/Infofacts/methamphetamine.html (last
visited Aug. 23, 2005).
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Meth produces extremely powerful feelings of euphoria,
increases energy, and reduces appetite. Smoking meth produces a
high that lasts 8-24 hours compared to a 20-30 minute high
produced by smoking cocaine.\5\ After the initial rush of
intense feelings, users are prone to become highly agitated and
nervous, which can lead to violent behaviors. Because the
effects of meth are usually pleasurable at first, many users
wish to repeat the experience, which is the beginning of a
cycle of psychological addiction.
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\5\See http://www.methamphetamineaddiction.com/methamphetamine--
meth.html (last visited Aug. 23, 2005).
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The Consequences of Meth Abuse
Meth abuse takes a severe toll, not simply on the user, but
on the entire community. Meth has particularly harmful
consequences for children who spend time in the presence of
parents or other adults who abuse the drug. Unlike abuse of
most other drugs (including alcohol), meth abuse does not
follow the typical paradigm of a single abuser within an
enabling family. Instead, meth abuse is very frequently a
``family affair'' in which both parents are addicts, leading to
child neglect and abuse. According to one state child services
official, this kind of meth abuse is ``the worst form of child
endangerment that I have ever seen.''\6\
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\6\Statement of Betsy Dunn, Child Protection Services, Tennessee
Department of Children's Services.
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Second, the increasing supply of meth has generated
increasing numbers of meth addicts who then begin to
manufacture meth in small, makeshift labs, primarily for
personal use. The small-scale manufacture of meth in
``clandestine'' labs involves the use of highly volatile
chemicals and the labs generate significant quantities of
highly toxic waste. Dangerous explosions are common,
compounding the danger to children and relatives of meth
``cooks,'' and finding, securing, and cleaning up meth lab
sites consumes tremendous amounts of State and local resources.
Finally, meth abuse fuels criminal conduct. According to
the National Association of Counties, of 500 counties in the
past year, 67 percent reported increases in meth related
arrests. Counties in the Southwest reported particularly
disturbing results, with 76 percent reporting such increases.
Over half of the agencies surveyed stated that at least 1 in 5
jail inmates are serving methamphetamine related sentences.\7\
In some Western cities, nearly one-third to one-half of
arrestees for any crime test positive for meth; for example, in
Honolulu, 40.3 percent of men jailed tested positive for
methamphetamine in 2003.\8\
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\7\National Association of Counties survey, ``The Criminal Effect
of Meth on Communities,'' July 5, 2005.
\8\Arrestee Drug Abuse Monitoring [ADAM] Program, 2004, National
Institute of Justice.
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Sources of Methamphetamine
Meth began as a West Coast phenomenon, with most use and
production concentrated in a few cities in California and
Hawaii. Use of the drug was spread in other Western states by
motorcycle biker gangs during the 1980's. It was during the
1990's, however, that the meth epidemic as we now know it began
to take shape.
That decade saw the development of two parallel currents in
methamphetamine production and trafficking. First, neighborhood
clandestine or small toxic labs [STL's] began to spread in
response to the growing numbers of meth addicts. These labs
rely on precursor chemicals obtained from retail stores--most
notably the pseudoephedrine contained in most cold medicines.
These STL's have continued to proliferate throughout the
country, following the spread of methamphetamine abuse eastward
and creating epidemic crime, environmental hazards, and social
problems.
Second, Mexican criminal organizations, based in Mexico and
California, began to produce high-purity, low-cost
methamphetamine in ``superlabs.'' These Mexican trafficking
organizations have relied on their established networks for
smuggling cocaine, heroin, and marijuana to spread crystal meth
throughout the country. Today, it is estimated that over 70
percent of the U.S. meth supply is controlled by these groups.
These organizations have the additional advantage over their
smaller competitors of being able to import huge quantities of
precursor chemicals like pseudoephedrine. Increasing reliance
on importation of precursors is a consequence of the fact that
domestic acquisition of precursors has been sharply curtailed
through tougher penalties and aggressive enforcement by DEA and
other law enforcement agencies).
Until just a few years ago, most of those illegal
precursors came from Canada, which lacked any effective
regulation. In fact, the Drug Enforcement Administration [DEA]
and the Royal Canadian Mounted Police estimated that imports of
pseudoephedrine to Canada were 14 times higher in 2001 than in
1995, in response to congressional enactment of tougher
precursor chemical controls in the mid-1990's.\9\ However,
joint U.S.-Canadian law enforcement operations and increased
Canadian regulation have led traffickers to shift their
precursor chemical supply routes directly to Mexico. That has
also resulted in a geographic shift of the superlabs from
California to Mexico. According to the DEA, the number of
superlabs seized in the United States dropped from 246 in 2001
to only 55 in 2004.\10\
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\9\See Chemical Diversion and Synthetic Drug Manufacture, joint
report of the Office of International Intelligence, Drug Enforcement
Administration and the Criminal Intelligence Directorate, Royal
Canadian Mounted Police, http://www.usdoj.gov/dea/pubs/intel/
intel010621.html.
\10\Testimony of Timothy J. Ogden, Assistant Special Agent in
Charge, Chicago Field Division, Drug Enforcement Administration, before
the Subcommittee on Criminal Justice, Drug Policy, and Human Resources,
June 27, 2005.
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That shift of production from California to Mexico is a
testament to the success of U.S. law enforcement agencies, but,
paradoxically, it has made reducing the supply of meth more
difficult. The Mexican superlabs are larger than their
California counterparts, capable of producing multihundred-
pound quantities of methamphetamine per production cycle. By
comparison, domestic data indicates that the largest reported
methamphetamine laboratory seized in the United States in 2003
was capable of producing only 50 pounds per production
cycle.\11\
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\11\See http://www.usdoj.gov/ndic/pubs11/12620/meth.htm (last
visited Aug. 31, 2005).
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Increased methamphetamine production in Mexico has, not
surprisingly, led to increasing seizures of meth in Mexico and
at U.S. ports of entry along the Southwest border. Data from
the International Narcotics Control Strategy Report [INCSR]
indicates that the amount of methamphetamine reported seized in
Mexico increased from 400 kilograms in 2001, to 457 kilograms
in 2002, and 652 kilograms in 2003.\12\ Furthermore, 2003 data
shows that the amount of methamphetamine seized along the
Southwest border increased from 1,130 kilograms in 2002, to
1,733 kilograms in 2003, and 1,168 kilograms through July
2004.\13\
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\12\Id.
\13\Id.
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Meth Precursors: Fuel for the Fire
Most of our meth problem can be attributed to one simple
fact: the United States and the international community have
failed to set up an effective control system for
pseudoephedrine and other precursor chemical products. Unlike
meth, pseudoephedrine can't be made clandestinely--it can only
be manufactured in large facilities using very sophisticated
equipment. As a groundbreaking report by the Oregonian
newspaper recently showed, only a few companies worldwide make
the chemical, and virtually all of the world's supply comes
from three countries: Germany, India, and China.\14\ As such,
it would not be very difficult for the United States and its
allies to get better control of the chemical and prevent its
large-scale diversion.
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\14\Suo, Steve, ``The Mexican Connection,'' the Oregonian, June 5,
2005.
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That hasn't happened, yet, however. Instead, huge amounts
of pseudoephedrine products are being shipped all over the
world, with little or no tracking or control. Many nations are
importing far more than they can legitimately consume, meaning
that the excess is probably being diverted to meth production.
Mexican imports of pseudoephedrine, the primary meth precursor,
have risen from almost 100 tons in 2001 to nearly 224 tons in
2003. Mexican authorities estimate their legitimate demand for
pseudoephedrine to be only 70 tons per year.\15\
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\15\Id.
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Without pseudoephedrine (or two other, similar chemicals,
namely ephedrine and phenylpropanolamine) neither small meth
lab cooks, nor Mexican drug traffickers, can manufacture this
deadly drug. If there is one ``choke point'' in the
international supply of meth, it is there.
Squeezing the Balloon: Why U.S. Anti-Meth Strategy Needs an
International Component
Although many proposals for Federal anti-meth legislation
have focused primarily on the domestic production of the drug--
in particular by cutting down on the domestic supply of
precursors available for small meth labs--such measures will do
little, by themselves, to cut down on the supply of meth.
Merely tackling small clandestine labs is like squeezing a
balloon--the meth supply will expand elsewhere to meet the
demand. Mexican meth will more than replace the supply from
small labs, unless Congress addresses the problem in a
comprehensive way.
The recent experience of Oklahoma illustrates this problem.
Oklahoma passed one of the toughest laws regulating the
domestic, retail sale of certain pseudoephedrine products,
making it far more difficult for meth cooks to obtain the
precursor chemical. Although the Oklahoma law apparently
resulted in a significant reduction in local clan labs, there
has been a corresponding increase in imported Mexican crystal
meth to meet the demand.\16\ In other words, while laws
focusing on local production are specifically vital to curtail
the serious problem of the clean-up of local production sites,
all other effects to the local community, including crime and
child abuse, continue to remain once Mexican methamphetamine
replaces local meth. As one U.S. Attorney in Georgia recently
put it, ``The Mexico cartels will replace the meth supplied by
local labs with double the volume, double the purity, and
double the quality.''
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\16\Suo, Steve, ``As Laws Dry Up Home Meth Labs, Mexican Cartels
Flood U.S. Market,'' the Oregonian, Sept. 25, 2005.
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Recommendations
EXECUTIVE
The executive branch of the Federal Government--in
particular, the Departments of State and Justice--will have to
take the lead in getting better control of the international
supply of meth. This is because success will largely depend on
three factors: first, whether multilateral or bilateral
agreements can be reached with precursor chemical exporting and
importing countries to track and control those chemicals;
second, whether greater international pressure can be brought
against meth ``superlabs'' around the world; and third, whether
improvements can be made in stopping the trafficking of meth
into the United States, particularly through the Southwest
Border.
First, the United States should seek to extend the reach of
international drug control treaties to finished drug products
made from pseudoephedrine, ephedrine, phenylpropanolamine and
other precursor chemicals. This step would allow a truly
comprehensive, international tracking system for precursor
chemicals to take shape. It is imperative that the United
States and other nations be able to follow the entire ``chain
of custody'' of these chemicals, from manufacturer, through
export, import, and wholesale market, through use in
(legitimate) drug production, to retail. This will allow for
greater transparency and help prevent the diversion of the
chemicals during shipment or transfer. If an international
agreement cannot be reached, or until one can be concluded, the
United States should seek bilateral agreements with the major
precursor chemical producing and importing nations.
Second, the United States should seek to improve its
bilateral and multilateral enforcement efforts against
international ``superlabs''--particularly those in Mexico.
Recent history provides some hope for success from such
efforts. As described above, joint U.S.-Canadian law
enforcement operations, coupled with tougher Canadian
regulations (requested by the United States), significantly
slowed the flow of precursor chemicals through Canada to the
United States across the Northern border. The United States
should seek, whenever possible, to duplicate those efforts in
Mexico, by assisting the Mexican government in stopping the
diversion of imported precursor chemicals, and in shutting down
the ``superlabs.''
Finally, reducing the flow of meth into the United States
will require greater control of our borders, particularly the
Southwest border with Mexico. Improved inspection and patrol
technologies and facilities, and well as increased numbers of
trained, capable customs inspectors and Border Patrol officers,
will be critical to success. However, as our success on the
Northern border showed, the most important tasks will be the
dismantling of smuggling rings and improved regulations in the
source zone.
LEGISLATIVE
Congress cannot negotiate treaties (the Senate can only
ratify an already-concluded treaty), but there is much that the
legislative branch can do to assist and encourage the executive
branch in its efforts. First, it is vital that Congress plug
any gaps or loopholes in U.S. precursor chemical regulations.
The United States should not be put in the position of asking
other countries to enact laws or regulations that Congress
itself will not pass. Congress should therefore follow the
advice of the administration (contained in its National
Synthetic Drugs Action Plan) and enact import and domestic
production quotas for precursor chemicals (to ensure that only
the legitimate demand for these chemicals is supplied, thus
cutting back on any oversupply that might be diverted), and
tighten domestic import and wholesale market regulations.\17\
In short, the United States must ``practice what it preaches''
to remain credible in the international arena.\18\
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\17\See National Synthetic Drugs Action Plan, U.S. Department of
Justice and Office of National Drug Control Policy, October 2004.
\18\These changes were included in legislation introduced this year
by Chairman Souder; see the ``Methamphetamine Epidemic Elimination
Act,'' H.R. 3889.
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Second, Congress should strengthen the existing
international drug certification reporting requirements, to
include a separate report on precursor chemical production and
diversion. The existing drug certification procedures--which
consist of an annual report by the State Department listing the
major drug producing and transit nations, and potential
reductions in U.S. foreign aid if those nations do not
cooperate with the United States in enforcing international
drug control obligations--have been a very useful tool in
strengthening worldwide efforts against drug traffickers. At
present, however, there is no separate treatment for the
burgeoning problem of meth precursor chemical trafficking. The
United States needs to hold precursor producing, exporting, and
importing nations accountable for their efforts to stop the
diversion of these chemicals to meth traffickers. Revising the
existing certification procedures will help achieve that
accountability.\19\
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\19\This proposal was also included in H.R. 3889; it was also
approved by the House of Representatives on July 19, 2005 as part of
the ``Foreign Relations Authorization Act, Fiscal Years 2006 and
2007,'' H.R. 2601. As stated by Representative Tom Lantos, the
provision is intended to ``persuade [such nations] to cooperate fully
with us and end this abhorrent trade [in methamphetamine].''
Congressional Record, H6045 (July 19, 2005).
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Finally, Congress can help the administration guard our
borders against meth and other drug traffickers by increasing
appropriations for border technology, inspectors, patrol
agents, and investigators. Although merely throwing money at
the Southwest border problem will not solve it, judicious
application of new resources can greatly help our national
efforts to protect the borders and ports of entry from criminal
smugglers of all kinds.
Conclusion
An effective response to the methamphetamine epidemic must
address both its international and domestic aspects; it is not
enough simply to deal with local symptoms of the problem. With
so much of our Nation's meth supply coming from outside the
country, Congress and the administration need to find ways to
engage the international community to reduce that supply.
But there is hope; the supply of meth can be reduced, and
dramatically, if the United States and other key nations work
together to bring the supply of precursor chemicals (like
pseudoephedrine) under control. Although that task may not be
easy, policymakers owe it to local law enforcement agencies,
communities, and families to bring this deadly scourge to an
end.