[Senate Hearing 109-542] [From the U.S. Government Publishing Office] S. Hrg. 109-542 NOMINATION OF UTTAM DHILLON ======================================================================= HEARING before the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION ON THE NOMINATION OF UTTAM DHILLON, TO BE DIRECTOR, OFFICE OF COUNTERNARCOTICS ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY __________ MARCH 31, 2006 __________ Printed for the use of the Committee on Homeland Security and Governmental Affairs U.S. GOVERNMENT PRINTING OFFICE 27-757 WASHINGTON : 2006 _____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas JOHN W. WARNER, Virginia Michael D. Bopp, Staff Director and Chief Counsel Jennifer A. Hemingway, Professional Staff Member Joyce A. Rechtschaffen, Minority Staff Director and Counsel Adam R. Sedgewick, Minority Professional Staff Member Trina Driessnack Tyrer, Chief Clerk C O N T E N T S ------ Opening statements: Page Senator Collins.............................................. 1 Senator Akaka................................................ 2 Senator Coburn............................................... 4 WITNESS Friday, March 31, 2006 Uttam Dhillon, to be Director, Office of Counternarcotics Enforcement, U.S. Department of Homeland Security: Testimony.................................................... 5 Prepared statement........................................... 17 Biographical and professional information.................... 19 Letter from U.S. Office of Government Ethics................. 26 Responses to pre-hearing questions........................... 27 Responses to post-hearing questions.......................... 50 APPENDIX Copy of a section of Public Law 107-296 submitted by Senator Coburn......................................................... 53 NOMINATION OF UTTAM DHILLON ---------- Friday, March 31, 2006 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 10:04 a.m., in room SD-342, Dirksen Senate Office Building, Hon. Susan M. Collins, Chairman of the Committee, presiding. Present: Senators Collins, Coburn, and Akaka. OPENING STATEMENT OF CHAIRMAN COLLINS Chairman Collins. The Committee will come to order. Today, the Committee will consider the nomination of Uttam Dhillon to be the first Director of the Office of Counternarcotics Enforcement at the Department of Homeland Security. This office, established by the Homeland Security Act of 2002 and strengthened by the Intelligence Reform and Terrorism Prevention Act of 2004, is a key component in our efforts to prevent drug trafficking into the United States. The Office of Counternarcotics Enforcement is charged with coordinating policy and operations within the Department of Homeland Security and among other Federal, State, and local agencies engaged in stopping the flow of illegal drugs into the United States. From the personnel guarding our borders to the Coast Guard ships at sea, it must ensure that the resources dedicated to this effort are adequate and properly deployed. And it must work effectively with governments of other nations that have joined us in this vital effort. The damage that illegal drugs inflict upon American families justifies this concerted national effort. Add to that the mounting evidence of direct links between drug trafficking and terrorism financing and the effort takes on an even greater urgency. This link was recently brought into sharp focus by the indictments of key leaders of the Revolutionary Armed Forces of Colombia, or FARC. This was the largest narcotics trafficking indictment in U.S. history, charging FARC leaders with importing more than $25 billion worth of cocaine into our country. Not only does FARC control some 60 percent of the cocaine smuggled into the United States, but it is also designated as a terrorist organization with documented ties to another terrorist organization, Hezbollah. Against this power, financial resources, and ruthlessness, we must mount the strongest possible response. Our enhanced counternarcotics efforts are producing results. The interdiction of U.S.-bound cocaine has increased substantially from 200 metric tons in 2001 to 285 metric tons in 2004. Last year, U.S. Customs and Border Patrol officials seized or destroyed a record-breaking $1.7 billion worth of illegal drugs. But traffickers are relentless in seeking to defeat our efforts, and the nexus between illegal drugs and terrorism remains. Mr. Dhillon currently serves as Associate Deputy Attorney General for the Department of Justice. Previously he served as the Majority Chief Counsel and Deputy Staff Director for the House counterpart for this Committee, the House Select Committee on Homeland Security, and as Senior Investigative Counsel for the House Government Reform Committee, our other House counterpart. Earlier in his career, he served as an Assistant U.S. Attorney for the Central District of California. This extraordinary experience appears to make him very well qualified for the Director's position. As Director, he would serve as Secretary Chertoff's chief advisor on all counternarcotics issues. This position also carries with it important responsibilities to coordinate counternarcotics efforts across agencies at all levels of government. As this Committee has learned during its investigation into Hurricane Katrina, that is an area where the Department needs to improve greatly. I look forward to Mr. Dhillon's views on the policies and practices that are needed to build an ever more unified and cooperative counternarcotics structure. Combating the scourge of illegal drugs is one of the greatest challenges facing our Nation in an era of terrorism. Now that we understand better the link between the proceeds of drug trafficking and terrorism financing, the cause is more urgent than ever before. I commend Mr. Dhillon for his willingness to take on this important challenge. Mr. Dhillon has filed responses to biographical and financial questionnaires, answered prehearing questions submitted by the Committee, and had his financial statements reviewed by the Office of Government Ethics. Without objection, this information will be made part of the hearing record with the exception of the financial data, which are on file and available for public inspection in the Committee's offices. I am now very proud and pleased today to welcome my friend and colleague, the Senator from Hawaii, Senator Akaka, who is serving as the Ranking Member today. Senator Akaka, I would invite you to give any opening remarks. OPENING STATEMENT OF SENATOR AKAKA Senator Akaka. Thank you very much, Madam Chairman. I want to tell you and tell all of those here that it is a pleasure to work with our Chairman. She has been doing a tremendous job for our country as Chairman of this Committee. Mr. Dhillon, is that the right pronunciation? Mr. Dhillon. Dhillon, yes. Senator Akaka. I, too, want to welcome you and your family to this Committee and thank you for your willingness to serve our country. You have been nominated to a new position where, as Director of the Office of Counternarcotics Enforcement, you will be the Secretary's chief adviser on all counternarcotics related issues. When I see the word counter, I wish that were to happen immediately, but it is something that we have been working on for years. You will head a small office with a limited budget. Nonetheless, you will be expected to not only advise the Secretary but also coordinate counternarcotics policies and operations within DHS and with Federal, State, and local agencies. And it is going to be tough. You are going to recommend appropriate financial and personnel resources, track and sever the connections between illegal drug trafficking and terrorism, and represent DHS on all task forces and committees. You will need to be forceful and effective. Drug traffickers quickly adapt to changing circumstances. And let me mention that, when I was in the House, I was with such a committee. At that time and that year, which was in the 1980s, we traveled to what was called the Golden Triangle and the Golden Crescent. We talked to nations there. We talked to nations in those areas to try to convince farmers to plant crops that would benefit people. And even to the point of trying to fund some of those programs. When I say changing circumstances, what happened after we convinced farmers that they should switch crops, the people who were buying the poppies from the farmers raised the price. So over the years we lost out on that. And so I know it is difficult and the circumstances are changing. Likewise, Federal law enforcement entities must demonstrate the same responsiveness and agility as they face these challenges. Disrupting the illegal flow of narcotics into the United States must be a top priority for the Department of Homeland Security. Drug traffickers flout our Nation's laws and do much to contribute to instability and violence at our borders. The organized criminal organizations that flood the United States with illegal drugs siphon billions of dollars from our economy and wreck the lives of many of our citizens. The social and economic problems caused by narcotics trafficking are a matter of great concern for the people of my State. More than two decades ago, we saw the first widespread use of methamphetamine in Hawaii. Initially, the drug was brought into our State by organized criminal groups from Asia. Law enforcement had some significant successes in disrupting their activities in Hawaii. Unfortunately, Asian suppliers have largely been supplanted by organized criminal organizations from Mexico and meth abuse has exploded again in Hawaii in recent years and across our country, as well. Hawaii has the highest meth usage rate in the Nation. This drug abuse saps the productivity and energies of some of our brightest and most promising young people, robbing them of the experiences of youth and leaving them disadvantaged for the future. And we are confronted with ever more alarming statistics. Meth is a factor in 80 percent of the arrests for violent crimes and domestic abuse in Hawaii. Hospitals report that up to 20,000--and this was difficult for me to believe--but 20,000 babies are born each year to mothers addicted to meth, and the drug is present in 90 percent of the homes where children are removed by Protective Services because of abuse or neglect. As disturbing as these statistics are, they still do not show how truly destructive this drug is on the lives of too many of our citizens. I am also reminded of an additional troubling statistic. Law enforcement authorities tell us that 90 percent of the meth seized in Hawaii is transported into our State through couriers on commercial flights, commercial flights that originate on the West Coast or through package delivery services. It is incredible to consider that organized criminal organizations operating out of Mexico control narcotics trafficking more than 3,000 miles away in Hawaii. We know where the narcotics are coming from. We know precisely where they are going. And we know how the drugs are being transported. Yet we have been unable to make a serious impact on this illicit trade. However, I am hopeful that we will see some improvement in our ability to respond to this problem. The Department of Homeland Security employs many of the men and women who are on the front line against narcotics traffickers. Therefore, I am interested in knowing your vision for developing policies for combating the distribution of narcotics, both at our borders and as illegal drugs are trafficked within our Nation. I look forward, Madam Chairman, to hearing from Mr. Dhillon on these issues and in working with you in the future. Thank you very much, Madam Chairman. Chairman Collins. Thank you, Senator. I am very pleased that our colleague, Senator Coburn, has also joined us this morning and I would call upon him for any opening remarks. OPENING STATEMENT OF SENATOR COBURN Senator Coburn. Thank you, Madam Chairman. I just have a couple questions which I will direct during the appropriate time. I will note my significant concern with the fact that the Department of Homeland Security is diverting drug interdiction from the core role of Homeland Security. From the testimony in the House in February, it is evident that what we are seeing is something that does not follow the intent of Congress nor the language specific in Congress when DHS was created. And I intend to be very aggressive in raising that issue. Because if it is not one of the core missions of Homeland Security, and if it is not funded, and if it is not a priority of security--which I believe it is--then it is going to suffer. As Senator Akaka just outlined, the consequences of failing to have great drug interdiction policies are manifest among the most innocent in our society. And so I will be asking some questions of our witness and our nominee about that, but I also think it needs to go to a higher level because of the potential loss of concentration and focus on this very important and vital aspect of the Department of Homeland Security. Thank you. Chairman Collins. Thank you. Our Committee rules require that all witnesses at nominations hearings give their testimony under oath. So Mr. Dhillon, if you would please stand and raise your right hand I will administer the oath. Do you swear that the testimony you are about to give to the Committee will be the truth, the whole truth, and nothing but the truth, so help you, God? Mr. Dhillon. I do. Chairman Collins. Thank you. Mr. Dhillon, I understand that you do have family members here today, and I would invite you to introduce them to the Committee at this time. Mr. Dhillon. Thank you, Chairman Collins. I would like to introduce my wife, Janet. Chairman Collins. We welcome you to the Committee. Thank you. At this time, I would ask that you proceed with your opening statement. TESTIMONY OF UTTAM DHILLON,\1\ TO BE DIRECTOR, OFFICE OF COUNTERNARCOTICS ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY Mr. Dhillon. Chairman Collins, Senator Akaka, and distinguished Members of the Committee. I am honored to appear before you today and I thank you for the opportunity to answer the Committee's questions. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Dhillon appears in the Appendix on page 17. --------------------------------------------------------------------------- On a personal note, I would also like to thank my wife, Janet, who is here today and who, for more than 20 years of marriage, has been a constant source of encouragement and support. I am honored by the confidence that President Bush has shown in me by nominating me to be the first Director of the Office of Counternarcotics Enforcement at the Department of Homeland Security. And I am grateful to Secretary Chertoff for recommending me for this important position. Part of the Department of Homeland Security's primary mission, as set forth in the Homeland Security Act of 2002, is to ``monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.'' In my view, the core responsibility of the Office of Counternarcotics Enforcement is to ensure that the Department of Homeland Security continues to successfully address this critical element of its primary mission. And, through the statutory responsibilities Congress has provided to the Office, I believe that the Office is fully prepared to continue to do so by, among other things, maintaining its practice of conducting thorough and comprehensive reviews of the Department's counternarcotics budget and activities and by timely reporting its findings to Congress. Additionally, as the primary policy adviser to the Secretary for all counternarcotics issues within the Department of Homeland Security, I will work to formulate counternarcotics policies that will unify the Department's counternarcotics efforts, fully maximize its counternarcotics resources to stop the flow of illegal drugs into the United States, and promptly address new and growing challenges, such as the increase in methamphetamine trafficking. If confirmed, I will draw upon my experience at the Department of Justice and as a Congressional staff member to ensure that the Office continues successfully to accomplish its core mission. For the past 2\1/2\ years, I have served as an associate deputy attorney general. I have had the privilege of advising and assisting two deputy attorneys general in formulating and implementing policies and programs at the Department of Justice. My current responsibilities include chairing the Attorney General's Anti-Gang Coordination Committee, which has provided me the opportunity to work with all of the Department's law enforcement components in developing and implementing the Department's anti-gang strategies. From 1990 to 1997, I served as an Assistant U.S. Attorney in Los Angeles. As an Assistant U.S. Attorney, I chose to prosecute major narcotics cases because I believed then, as I believe now, that aggressively fighting narcotics traffickers must be one of our Nation's highest priorities. As an Assistant U.S. Attorney and Organized Crime Drug Enforcement Task Force prosecutor, I handled cases investigated by the DEA, FBI, ATF, and legacy Customs and Immigration and Naturalization Services. The investigations and cases for which I was responsible largely targeted major narcotics traffickers and money launderers, some of whom had links to foreign narcotics traffickers. Through handling these cases, I learned firsthand about interdiction techniques used in undercover operations, how intelligence is gathered through confidential informants and others, and the importance of working with local law enforcement officers within a Federal task force. I also have experience as a Congressional staff member that I believe will serve me well if confirmed. In 2003, I served as Chief Counsel and Deputy Staff Director of the House Select Committee on Homeland Security. As the Chief Counsel, I provided legal advice on all matters before the Committee, and as the Deputy Staff Director, I was responsible for various administrative matters involved in running a Congressional committee. My Hill experience also includes serving as the Policy Director for the House Policy Committee in 2002 and as a Senior Investigative Counsel for the House Government Reform and Oversight Committee from 1997 to 1998. In conclusion, I believe that my background and experience have prepared me to take on the unique and varied responsibilities of the Director of the Office of Counternarcotics Enforcement. I would like to thank the Committee for taking the time to consider my nomination. If confirmed, I will look forward to working closely with Members of the Committee, the Committee staff, and the Congress as a whole. Thank you. Chairman Collins. Thank you, Mr. Dhillon. I am going to start my questioning with the standard three questions that we ask of all the nominees. First, is there anything that you are aware of in your background that might present a conflict of interest with the duties of the office to which you have been nominated? Mr. Dhillon. No. Chairman Collins. Second, do you know of anything personal or otherwise that would, in any way, prevent you from fully and honorably discharging the responsibilities of the office? Mr. Dhillon. No. Chairman Collins. Third, do you agree without reservation to respond to any reasonable summons to appear and testify before any duly constituted committee of Congress if you are confirmed? Mr. Dhillon. Yes. Chairman Collins. You passed that first round. We are now going to have a round of questions of 6 minutes each for the first round, and we will conduct additional rounds as necessary. First, let me say that last year more people died in the State of Maine from illegal drugs than from automobile accidents. That was a tragic and serious milestone for the State of Maine. What can be done to strengthen law enforcement efforts across all levels of government? This is a mission that requires cooperation and coordination at the Federal, State, and local level if we are going to address the epidemic of drugs in this country, which has spread even to a rural State like Maine. Mr. Dhillon. Chairman Collins, I think the first thing that needs to be done is there needs to be coordination within whatever agency is attacking the problem. So the first step that I think needs to be taken is to ensure that there is adequate coordination among all of the counternarcotics related components within the Department of Homeland Security. The next step, of course, is to ensure that there is coordination between all of the counternarcotics related--such as DEA--there is full coordination within the Federal Government. And then of course, the problem of attacking drugs cannot be done only at the Federal level. It is critical that State and local law enforcement also be included in that mission. So I believe that the primary way to attack the drug problem is to ensure that there is a concerted, coordinated effort on the part of all Federal and all local law enforcement in the particular area. Additionally, I would say that many of these problems are local in the sense that the local law enforcement best understand how to attack the problem but do not necessarily have the resources to do it. That is why I believe it is critical that there be coordination with local law enforcement. Chairman Collins. I think the Joint Terrorism Task Force has been a very useful model for getting all levels of law enforcement to work together. It has not been perfect, but it has at least ensured that there is far more sharing of information. And as I said in my opening statement, the evidence is becoming overwhelming of the link between the proceeds of drug trafficking and terrorism financing. One has only to look at Afghanistan or Colombia to see the funds produced from drug trafficking being used to support terrorist attacks. It seems to me we need to do more to break up that link. That has the advantage not only of saving a great deal of misery for families in our country from drug abuse problems, but also of disrupting financial support for terrorist groups. Is the Joint Terrorism Task Force working on that angle, the link between drug trafficking and terrorism financing? Mr. Dhillon. I cannot answer that question with any specificity. I believe that is part of their mission. I will say that it is within the statutory language creating the Office of Counternarcotics Enforcement; it is one of the duties of the Director to track and sever those connections using the JTFF construct. And if I am conformed as the Director, I will engage the National JTTF to determine what is being done to track and sever those connections and ensure that the Department of Homeland Security is actively involved in that process. And I believe the statutory language requires that the Office attack that problem in a general way, also. So we will work closely with the JTTFs to ensure that is being done. Chairman Collins. My next question I think refers to the issue that Senator Coburn raised in his opening comments, although I am not quite sure. I am concerned that the 2007 DHS budget classifies the Coast Guard's counternarcotics funding as non-homeland security mission funding. I agree with Senator Coburn that this seems contrary to our intent in crafting Section 888 of the Homeland Security Act, and I would like to hear your comments on what the implications of that change are. Mr. Dhillon. My understanding is that occurred in the Coast Guard budget, in one area of the Coast Guard budget. I do not know much more than that, except to say that, if confirmed, I will work with the Coast Guard, with the Department of Homeland Security Budget Office, and with OMB to assess first, why that change was made. And second, as part of the statutory responsibilities of the Office, to determine if in fact that change will have an adverse impact on the funding for counternarcotics efforts within the Department of Homeland Security and the operational activities of the counternarcotics related components within the Department. Chairman Collins. Let me say that I think it is clear it will have an adverse impact, and it is on top of the Coast Guard's budget request being some $18 million lower in the Administration's proposed budget for drug interdiction than the enacted amount last year. So that, too, is troubling. I am going to pursue some other issues with you in the second round. Senator Akaka. Senator Akaka. Thank you very much, Madam Chairman. Mr. Dhillon, as I mentioned in my opening statement, I have visited Asia and some of the trafficking centers on major narcotic source regions of the world, such as the Golden Triangle and the Golden Crescent. Can you tell me and tell the Committee about some of your objectives concerning the major narcotic source regions of the world? Mr. Dhillon. I think I would like to answer that question by talking about the objectives I have for the Office and what I view as the challenges facing the Office going forward. I think in order to make the Office of Counternarcotics Enforcement, to ensure that it is doing its job, I think there are three short-term goals that we need to achieve. First is to raise the profile of the Office within the Department of Homeland Security and on the Hill, within Congress. Second, is to grow and enhance a policy, full policy office, within the Office of Counternarcotics Enforcement. And third is to establish Department-wide counternarcotics performance measures. The reason I am answering your question by talking about the goals of the Office is because I think if we achieve these goals we will be able to achieve the goals that you are asking about. I also think that there are some long-term goals the Office needs to focus on. Maintaining an adequate Maritime Patrol Aircraft fleet will be critical to counternarcotics interdiction in the areas you are talking about. And as I am sure you know the Department of Homeland Security is faced with limitations with respect to its Maritime Patrol Aircraft. If confirmed, I assure you that I will prioritize identifying and recommending options that will preserve MPA in the short-term, as well as focusing on long- term ways to ensure that we have aircraft going forward. The second important thing I think the Department and the Office needs to focus on is coordinating counternarcotics operations within the Department. It is critical that all of the drug related components within the Department of Homeland Security coordinate their efforts and cooperate with each other. I think it is incumbent upon the Director of the Office of Counternarcotics Enforcement to work closely to make sure that happens. That would be the second long-term goal that I think would benefit counternarcotics interdiction. And third is improving Southwest border interdiction. Although that was not specifically your question, I want to point out that we have a 30 percent interdiction rate in the drug transit zone but only a 5 percent interdiction rate in the arrival zone. That is the Southwest border region, that includes the Southwest border region. That 5 percent interdiction rate, in my view, is too low, and that will be one of our other long-term goals. So I think if we achieve those short- and long-term goals that will assist us in achieving the goals that you are focusing on. Senator Akaka. Thank you very much. As you mentioned, those goals will be huge challenges. And one of them, as you mentioned to the Chairman, is one of coordination, and as you repeated, it is a huge challenge, not only between agencies but between levels of government, Federal, State, and local or county governments. So you have a huge task ahead of you. Mr. Dhillon, as I pointed out in my opening statement, and I am repeating, it is incredible to consider that organized criminal organizations operating out of Mexico control narcotics trafficking more than 3,000 miles away to Hawaii. And I said we know where the narcotics are coming from. We know precisely where they are going. And we know how the drugs are being transported. Will you commit to reporting back to this Committee about how we can do a better job of closing down the flow of meth to Hawaii? Mr. Dhillon. Yes, I will, Senator. I believe methamphetamine trafficking is an important issue. It is an issue of concern to me, and it will be an issue, if I am confirmed, that the Office of Counternarcotics will focus on. Senator Akaka. Mr. Dhillon, Larry Burnett, the Executive Director of the Hawaii High Intensity Drug Trafficking Agency remarked, and I am quoting him, ``The Central Valley of California is such a large manufacturer of methamphetamine that if it were a foreign country the United States would put economic sanctions on it.'' Unfortunately, much of the methamphetamine produced in that region finds its way to Hawaii. I know that you have some familiarity with this area of California, both as a resident and from prosecuting large drug cases in the State. What role do you see for DHS in targeting and dismantling large-scale operations like those found in the Central Valley of California? Mr. Dhillon. Senator, I actually think that looking forward our biggest methamphetamine problem will come from foreign countries. I recognize that historically that part of California has been an area where methamphetamine is manufactured. But I believe that legislation enacted by local law enforcement and recently by Congress as part of the Patriot Act will probably have a significant impact on the methamphetamine production within this country. As a result what we are seeing is increased methamphetamine production outside of this country. And that, of course, is the responsibility of the Department of Homeland Security to interdict that methamphetamine. So I believe the same practices we use to attack heroine coming into this country and cocaine coming into this country will, in the future, be the main way we have to attack the methamphetamine problem. Senator Akaka. Thank you very much. My time has expired. I just want to also add my welcome to your wife to this Committee. Thank you very much. Chairman Collins. Thank you. Senator Coburn. Senator Coburn. First of all, I think meth production in this country is going to go way down with the new meth bill that we put through. It is modeled on Oklahoma, and we saw about a 95 percent decrease in local production. So our problem with methamphetamine now is south of the border coming to Oklahoma. I want to go back to the question that the Chairman mentioned, and that is the budget request by the Coast Guard and the fact that drug interdiction is now a non-homeland security focus. And I want to set it up by the fact that by 2016 in this country 64 percent of everything we spend in the Federal Government will be mandatory spending, 17 percent at that time will be interest charges at today's interest rates. It will be higher than that if interest rates are higher. Which leaves 19 percent of the total budget to do everything. And when we take and down-prioritize drug interdiction by what has been done in this budget request for the Coast Guard, and we know budget cuts are coming--I mean there is no question they are going to come--what it says is we are going to put less emphasis on drug interdiction if it is made a non-homeland security priority. My question to you, as Director, how are you going to change that and again make it part of the core mission of the Coast Guard and make it to where it is not going to suffer a disproportionate increase in cuts because it is so important to everything else that we do? Mr. Dhillon. Senator, the first thing I will do is I will figure out why that occurred. I do not know the details of how this occurred in the budget. I do not know that I would agree that drug interdiction is now a non-homeland security function. In my opening statement, I pointed out that it is one of the primary missions of the Department of Homeland Security, as set forth in the Homeland Security Act of 2002. I recognize that there is a budget item, the Coast Guard budget now places it in the non-homeland function, and I recognize that that could create budget concerns going forward. My pledge to you is that I will engage the leadership of the Coast Guard, engage the leadership within the Office of Management and Budget and the budget people within the Department of Homeland Security to determine why this decision was made, how it could be made in light of the statutory language setting forth drug interdiction as one of the primary responsibilities of the Department of Homeland Security and as a Homeland function. I will certainly examine that and, as part of my statutory responsibility, report to Congress on any issues that are raised as a result of that, which means if there were any operational deficiencies that occur or budget deficiencies. Senator Coburn. Madam Chairman, I would like to submit for the record a portion of Public Law 107-296, Section 888 where the Congress, with the President's signature, set Homeland Security missions.\1\ One of those security missions is drug interdiction. And that is the law. --------------------------------------------------------------------------- \1\ Copy of a section of Public Law 107-296 submitted by Senator Coburn appears in the Appendix on page 53. --------------------------------------------------------------------------- And so the request from the Coast Guard actually violates the law. It is my hope that you will be a fighter for this because there is a real risk for drug interdiction if it is outside as a non-homeland security mission. And I do not think we are probably going to tolerate this request in this year's budget and appropriations cycle as submitted by the Coast Guard. I am very much interested in High Intensity Drug Trafficking areas and Byrne and JAG grants, and I would love to hear your comment about local coordination with Byrne and JAG grants. Because one of the ways we really handled methamphetamine and continue to handle it in Oklahoma is through Byrne and JAG grants. Properly supervised, no money wasted, I want them to be run right. But I would love your opinion on that because that is coming under increased budget pressure, as well. Mr. Dhillon. Senator, I am actually not that familiar with the Byrne and JAG grants. With respect to working with local law enforcement, I firmly believe that is the only way to fight the narcotics problem and a number of law enforcement problems that we attack from a Federal point of view. I would be happy to educate myself more on that and, if confirmed, discuss that in further detail with you at a later time. Senator Coburn. Thank you, Madam Chairman. Chairman Collins. Mr. Dhillon, according to a recent GAO report, the backbone of DHS's drug interdiction operations in the transit zone is the fleet of Maritime Patrol Aircraft operated by the Department of Defense, the Office of Air and Marine Operations within Customs and Border Protection, and foreign governments. Maritime patrol is also provided but at a lesser extent by Coast Guard aircraft. The GAO report highlighted the fact that both of these fleets are aging, and they will need to be completely overhauled or replaced soon. In your answers to the Committee's prehearing questions you indicated that you would ``optimize the performance of the Department's efforts'' in order to meet the challenges presented by the aging aircraft fleets. I must say, I am always suspicious of words like optimize because I do not know what that really means. So I am going to ask you that question again. There really is a problem when the Maritime Patrol Aircraft are so aging that many of them are grounded for repairs frequently. We have seen that with Coast Guard assets, as well. What do you mean when you say that you are going to ``optimize the performance,'' given that the real problem is that we need to make a capital investment? Mr. Dhillon. There is a short-term and a long-term problem. The short-term problem is we have to keep MPA in the air safely for as long as we can. But as we know, planes can only fly for so long. We then need a long-term solution. We need to look at how we are going to maintain the MPA fleet going forward. With respect to optimizing, we are capable, as I understand it, of making up for MPA deficits through actionable intelligence, and that has occurred. JITF South, using intelligence they have been able to direct planes to locations where narcotics traffickers are, avoiding flying around to locate narcotics traffickers. So we are able to use intelligence to make up for airtime deficits. I will say this though, there is obviously a limit to how much we can do that. And so we obviously have to use our intelligence effectively. We have to use our fleet effectively. But if I am confirmed as Director, one of the first things I want to do is to determine what our MPA needs are, where the deficits are, and to immediately begin to address that problem. Because we cannot successfully interdict narcotics in the transit zone without an effective MPA fleet. Chairman Collins. Let us talk a little bit more about actionable intelligence because you are right that it helps you focus your resources. A November 2005 GAO report indicated that the Joint Interagency Task Force South in Key West has been able to detect less than one-third of the known and actionable maritime illicit drug movements. More specifically, GAO found that 76 percent of the known actionable maritime illicit drug traffic movements between 2000 and 2005 were not acted on due to lack of resources. So here we have actionable intelligence which, as you just pointed out, helps you focus your resources. But we have a GAO report with alarming statistics, saying that 76 percent of events could not be responded to. Mr. Dhillon. Obviously in our assessment, and if I am confirmed as Director, any assessment the Office does would take into account the fact that there is actionable intelligence that is not being acted on in determining what are appropriate MPA levels. I think one of the reasons that is happening is because DHS now--there are inter-agency intelligence programs that have enabled us to collect more intelligence over the years. And as a result, we now have more actionable intelligence than we did a few years ago. Nonetheless, the Department of Homeland Security and JITF South should be in a position to respond to as much actionable intelligence as possible. Chairman Collins. Thank you. Senator Akaka. Senator Akaka. Thank you, Madam Chairman. Mr. Dhillon, Honolulu International Airport is the primary port of entry for meth transported into Hawaii. Ninety percent of the meth seized in the State passes through this facility. As you know, DHS includes agencies such as TSA, ICE and CBP that all operate at Honolulu International Airport. My question to you is how will you ensure that these DHS components better coordinate their activities to curtail the flow of illicit drugs? Mr. Dhillon. I would draw upon my experience at the Department of Justice chairing the Attorney General's Anti-Gang Coordination Committee. The Attorney General tasked that Committee with drawing together all of the anti-gang resources within the Department of Justice and causing them to coordinate with one another. And I believe that we have been successful in doing that. One of the things that we have learned is that no law enforcement agency within the Department of Justice was an anti-gang only law enforcement agency, just like no law enforcement agency within the Department of Homeland Security is a counternarcotics-only law enforcement agency. Nonetheless, we were able to bring all of those agencies together, have them segregate out their anti-gang activities, and we now treat that and view those anti-gang activities as a single kind of activity. And the agencies have actually come to the point where I think they view the anti-gang activities as a single activity. We have done budget crosscuts for anti-gang efforts within the Department so we know how much money we are spending on them and that sort of thing. I think the same thing goes for counternarcotics efforts within the Department of Homeland Security. We need to bring the counternarcotics-related components together. We need to get them to talk about their counternarcotics mission together and get them to realize that by working together they will be more effective in their counternarcotics mission. So I think that is how we bring them together. Frankly, on the Honolulu Airport issue, my first reaction to that is we may need to look at how many drug sniffing dogs we have working at that airport. I do not know the answer to that but they tend to be very effective. So that may be one of the solutions to that problem. Senator Akaka. Two things I want to mention. One of them is to ask you to come to Hawaii and look at that airport. Mr. Dhillon. I am delighted to do so, Senator. Senator Coburn. I am trying to decrease travel. Senator Akaka. And see for yourself what the problem is. When I say 90 percent, that is really high. And we are looking for a way of trying to turn this around. And your presence there and looking at the components that are there, too, I am sure will help. Let me just point out to you that typically in Hawaii the agencies talk to each other. And they do make a huge difference in the results of what they do. And I think you will find that to be true in Hawaii. So again I hope you can find time to come Hawaii. In your interview with Committee staff you noted that the State and local resources are critical in disrupting the transportation of narcotics. I do agree with you. The Hawaii High Intensity Drug Trafficking Agency, as an example, has been instrumental in bringing Federal, State, and local law enforcement assets together to confront drug trafficking organizations. What would your role in working with State and local law enforcement authorities be to enhance DHS's abilities in counternarcotics enforcement? Mr. Dhillon. With respect to working with State and locals, it would be to encourage them to work with the State and locals where appropriate. ICE, for example, is part, I believe, of various task forces that work with State and locals, and it is important that they continue to do so. So it would be to encourage, to the extent possible, the counternarcotics-related components within the Department of Homeland Security to work with State and local governments and to recognize that once again State and locals often have a better understanding of their problems and can assist us in fighting those problems. So that would be my general approach to that. Senator Akaka. Thank you very much for your responses. Madam Chairman, my time is almost up. Chairman Collins. Thank you. Senator Akaka, I would note that in the nearly 10 years that I have served on this Committee with you, never once has a witness turned you down when you have invited them to come to Hawaii. Senator Akaka. I hope they will listen and they will be out there to help our country. Thank you. Chairman Collins. Senator Coburn. Senator Coburn. I just have one other question and want your viewpoint. Do you see counternarcotics as complementary to counterterrorism or distracting from counterterrorism? Mr. Dhillon. I see it as complementary, and I am glad you asked that question, Senator, because I think one of the things we do is we segregate that out. And it is important to realize that everything we do at the border from an immigration point of view, counterterrorism point of view, can also be counternarcotics. And one of the things that I want to do is I want to be sure that as we are setting forth policies within the Department of Homeland Security on counterterrorism and on other issues that we are remembering that it is very easy to also ensure that the counternarcotics mission is being achieved. So I believe counternarcotics equals counterterrorism and vice versa, and that is one of the messages I want to be delivering to the Department of Homeland Security. Senator Coburn. Thank you. Madam Chairman, I have no additional questions. Chairman Collins. Thank you. Mr. Dhillon, I have a few additional questions, which I am going to submit for the record. But let me just end by asking you to describe for the Committee your experience as it relates to counternarcotics enforcement, and specifically highlight any on-the-ground operational experience that will assist you in carrying out the duties of this office. I think you have a great deal of experience and that we are fortunate to have someone with your background, and I think that it would be helpful to have that described for the Committee and for the record. Mr. Dhillon. I think my experience as an Assistant U.S. Attorney will serve me very well. I am not sure it felt like an on-the-ground experience at the time. The kind of cases I handled were cases, for example, where narcotics were being moved from Mexico to the United States. The one case that I remember the most is an undercover operation where undercover State and locals working in a DEA task force were posing as truck drivers who were bringing narcotics from Mexicali up through the Central Valley. And through cases like that I learned a lot about how intelligence is used to prosecute cases, but also how intelligence is used to continue to develop leads to other narcotics traffickers. So I believe that kind of experience will serve me very well because I, frankly, have an understanding of what it takes to actually put the bad guys in jail. And I also have a great respect for working with State and local law enforcement. Most of the cases I had had one or two Federal agents but almost all of the people who I worked with were State and local law enforcement, working as part of a task force. I think my experience as an Associate Deputy Attorney General will also serve me well. As I discussed earlier, the Attorney General's Anti-Gang Coordination Committee, we have been very operational. We have been very hands-on with the Department of Justice law enforcement components. I have assisted the Deputy Attorney General in crafting policies that affect the entire Department of Justice, policies that require that where there are multiple anti-gang task forces within a certain city or location that they be co-located to ensure coordination of intelligence and target deconfliction. And the same goes for intelligence information systems. So I have had the opportunity to work very closely with the law enforcement components within the Department and to assist the Deputy Attorney General in crafting policies, operational policies that will ensure that there is coordination and deconfliction and that all of the law enforcement components within the Department are working together on the anti-gang mission. Chairman Collins. Thank you very much. I want to thank you for appearing today and for your public service. Without objection, the record will be kept open until 11 a.m. on Monday, April 3, for the submission of any written questions or statements for the record. I would advise you, Mr. Dhillon, that the fastest response possible to those questions will help the Committee move your nomination along. So I would encourage you to turn around those questions very quickly for the Committee. Thank you for your testimony. This hearing is now adjourned. 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