[House Hearing, 112 Congress]
[From the U.S. Government Publishing Office]
U.S.-CARIBBEAN BORDER: OPEN ROAD FOR DRUG TRAFFICKERS AND TERRORISTS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON OVERSIGHT,
INVESTIGATIONS, AND MANAGEMENT
of the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
__________
JUNE 21, 2012
__________
Serial No. 112-100
__________
Printed for the use of the Committee on Homeland Security
[GRAPHIC] [TIFF OMITTED]
Available via the World Wide Web: http://www.gpo.gov/fdsys/
__________
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COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi
Daniel E. Lungren, California Loretta Sanchez, California
Mike Rogers, Alabama Sheila Jackson Lee, Texas
Michael T. McCaul, Texas Henry Cuellar, Texas
Gus M. Bilirakis, Florida Yvette D. Clarke, New York
Paul C. Broun, Georgia Laura Richardson, California
Candice S. Miller, Michigan Danny K. Davis, Illinois
Tim Walberg, Michigan Brian Higgins, New York
Chip Cravaack, Minnesota Cedric L. Richmond, Louisiana
Joe Walsh, Illinois Hansen Clarke, Michigan
Patrick Meehan, Pennsylvania William R. Keating, Massachusetts
Ben Quayle, Arizona Kathleen C. Hochul, New York
Scott Rigell, Virginia Janice Hahn, California
Billy Long, Missouri Vacancy
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Robert L. Turner, New York
Michael J. Russell, Staff Director/Chief Counsel
Kerry Ann Watkins, Senior Policy Director
Michael S. Twinchek, Chief Clerk
I. Lanier Avant, Minority Staff Director
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SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida William R. Keating, Massachusetts
Billy Long, Missouri, Vice Chair Yvette D. Clarke, New York
Jeff Duncan, South Carolina Danny K. Davis, Illinois
Tom Marino, Pennsylvania Bennie G. Thompson, Mississippi
Peter T. King, New York (Ex (Ex Officio)
Officio)
Dr. R. Nick Palarino, Staff Director
Diana Bergwin, Subcommittee Clerk
Tamla Scott, Minority Subcommittee Director
C O N T E N T S
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Page
STATEMENTS
The Honorable Michael T. McCaul, a Representative in Congress
From the State of Texas, and Chairman, Subcommittee on
Oversight, Investigations, and Management:
Oral Statement................................................. 1
Prepared Statement............................................. 3
The Honorable William R. Keating, a Representative in Congress
From the State of Massachusetts, and Ranking Member,
Subcommittee on Oversight, Investigations, and Management:
Oral Statement................................................. 7
Prepared Statement............................................. 9
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Ranking Member, Committee on
Homeland Security:
Oral Statement................................................. 12
Prepared Statement............................................. 13
WITNESSES
Panel I
Honorable Luis G. Fortuno, Governor, Commonwealth of Puerto Rico:
Oral Statement................................................. 20
Prepared Statement............................................. 29
Panel II
Rear Admiral William D. Lee, Deputy for Operations Policy and
Capabilities, U.S. Coast Guard, Department of Homeland
Security; Janice Ayala, Assistant Director for Operations,
Immigration and Customs Enforcement, Department of Homeland
Security; Kevin McAleenan, Acting Assistant Commissioner,
Office of Field Operations, Customs and Border Protection,
Department of Homeland Security; and Michael C. Kostelnik,
Assistant Commissioner, Office of CBP Air and Marine, Customs
and Border Protection, Department of Homeland Security:
Joint Prepared Statement....................................... 60
FOR THE RECORD
The Honorable William R. Keating, a Representative in Congress
From the State of Massachusetts, and Ranking Member,
Subcommittee on Oversight, Investigations, and Management:
Statement of John P. deJongh, Jr., Governor, United States
Virgin
Islands...................................................... 10
The Honorable Michael T. McCaul, a Representative in Congress
From the State of Texas, and Chairman, Subcommittee on
Oversight, Investigations, and Management:
Letter From Hon. Marco Rubio................................... 14
Statement of Mayor Jorge Santini Padilla, San Juan, Puerto Rico 15
Letter From Luis G. Romero..................................... 18
Meeting Timeline and Letter Summary From Governor Fortuno...... 45
Letter From Governors to President Obama....................... 51
U.S.-CARIBBEAN BORDER: OPEN ROAD FOR DRUG TRAFFICKERS AND TERRORISTS
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Thursday, June 21, 2012
U.S. House of Representatives,
Subcommittee on Oversight, Investigations, and
Management,
Committee on Homeland Security,
Washington, DC.
The subcommittee met, pursuant to call, at 9:11 a.m., in
Room 311, Cannon House Office Building, Hon. Michael T. McCaul
[Chairman of the subcommittee] presiding.
Present: Representatives McCaul, Bilirakis, Long, Marino,
Keating, Davis, and Thompson (ex officio).
Also present: Delegate Christensen and Resident
Commissioner Pierluisi.
Mr. McCaul. The committee will come to order. The purpose
of this hearing is to examine the vulnerability of the U.S.-
Caribbean Border.
Before I begin my opening statement, I see the Resident
Commissioner of Puerto Rico, Mr. Pedro Pierluisi, is here, and
my colleague on the Ethics Committee as well, and Ms. Donna
Christensen from the United States Virgin Islands is here as
well. I ask for unanimous consent that they be allowed to sit
on the dais for this hearing today.
Hearing no objection, so ordered.
I now recognize myself for an opening statement. Right now
somewhere on the streets of New York, Miami, or maybe a few
blocks away from where we sit in Washington, drug dealers are
selling cocaine, heroin, or marijuana. These drugs entered the
United States through a wide-open back door. They didn't see it
come across the U.S.-Mexico or Northern Border. Mr. Rodney
Benson, intelligence chief for the Drug Enforcement Agency,
said that larger and larger loads of both cocaine and heroin
were transiting, now staying in Puerto Rico. Once these drugs
are in Puerto Rico they can cross into our borders into the
mainland.
This Caribbean region is America's third border, an open
door for drug traffickers and terrorists. Because Puerto Rico
is a U.S. territory, illegal contraband that makes it to the
island is unlikely to be subjected to further U.S. Customs
inspections en route to the continental United States, meaning
it is easily mailed or placed on commercial aircraft without
inspection.
In fiscal year 2011, 165,000 metric tons of illegal drugs
were seized in the Caribbean, Bahamas, and Gulf of Mexico, up
some 36 percent over 4 years. Up to 80 percent of the cocaine
trafficked through Puerto Rico is directed to U.S. East Coast
cities. The maritime smuggling routes widely used by
international drug-trafficking organizations in the 1980s, the
Miami Vice era, are utilized more and more today. These routes
are a threat to America's National security.
The Caribbean region is also susceptible to smuggling
nuclear, radiological, chemical, and biological materials, and
it could be used as a staging area for violence against the
United States.
In 1982, President Ronald Reagan said Puerto Ricans have
borne the responsibilities of U.S. citizenship with honor and
courage for more than 64 years. They have fought beside us for
decades and have worked beside us for generations. President
Reagan added that Puerto Rico's strong tradition of democracy
provides leadership and stability for the Caribbean.
These statements also apply to the U.S. Virgin Islands.
Today, that stability and the millions of American citizens in
the region are under siege. We have some maps to demonstrate
the region that I am referring to. Puerto Rico and the U.S.
Virgin Islands' close proximity to the continental United
States and their lack of effective security infrastructures
make them an appealing gateway for drug cartels.
The Caribbean region is also experiencing an escalation in
trafficking in persons and firearms, as well as money
laundering. As these networks and drug routes evolve, so do the
potential links to terrorism and transnational crime. On
average, 1 person is murdered on the island every 7.5 hours,
and at least half of those murders involve drug-trafficking
organizations. Last year, there were 30 homicides for every
100,000 Puerto Ricans. This rate is far higher than any State
in the mainland.
Drug shipments from locations, including Haiti, Colombia,
Venezuela, and the Dominican Republic, are transported to the
islands on-board these fast boats and submersibles. Cargo is
then dropped at obscure port locations or just simply unloaded
in the water and flagged for later pickup. These locations are
so remote that it can take Federal law enforcement officers
hours to reach them.
The Caribbean region drug-trafficking organizations have
proved flexible, adaptable, and can change routes quickly. The
U.S. Postal Inspection Service seized hundreds of weapons
hidden in packages postmarked for Puerto Rico, including
assault rifles, AK-47s, AR-15s, armor-penetrating cop-killer
bullets. On June 6, 2012, the Drug Enforcement Agency arrested
36 people in a drug-trafficking ring that used Puerto Rico's
international airport in San Juan to smuggle large quantities
of cocaine off the island aboard U.S.-bound passenger flights.
From San Juan, drugs were then flown to Miami, Orlando, and
Newark. The drug ring had operated for 10 years inside the San
Juan airport.
The Caribbean region has also had an active black market
selling fraudulent documents. According to the Department of
State, 40 percent of identity fraud in the United States
involved birth certificates from Puerto Rico. In January, 50
people were charged with conspiring to sell the identities of
hundreds of Puerto Ricans to illegal immigrants on the American
mainland. This was the largest single fraud case uncovered by
Immigration and Customs Enforcement. Hundreds of birth
certificates, Social Security numbers, and driver's licenses
were sold for up to $2,500 a set.
James Clapper, the Director of National Intelligence,
recently testified that terrorists and insurgents will
increasingly turn to crime and criminal networks for funding
and logistics. Criminal connections and activities of Hezbollah
and al-Qaeda and the Islamic Maghreb illustrate this trend.
These criminal networks in the region could potentially be
exploited by terrorists seeking to do us harm inside our
borders.
This type of exploitation was evidenced in the thwarted
plot to kill the Saudi ambassador in Washington. The Iranian
Qods Force attempted to solicit a Mexican drug cartel member to
carry out this assassination plot.
With slide 5, we see, look at the connection between
President Ahmadinejad and Chavez in Venezuela. Iran and the
Bolivian states, Venezuela, Bolivia, Ecuador, and Nicaragua are
major drug producers. They bring a new set of threats to the
Western Hemisphere as they work together with transnational
organized crime enterprises and terrorist groups. These threats
include the potential for weapons of mass destruction-related
trafficking.
The American flag has flown over Puerto Rico for more than
a century. The people of the U.S. Virgin Islands have been
American citizens for a long time. These islands are American
soil, and our fellow American citizens need our support now.
With that, the Chairman now recognizes the Ranking Member.
[The statement of Mr. McCaul follows:]
Statement of Chairman Michael T. McCaul
June 21, 2012
Right now, somewhere on the streets of New York, Miami, or maybe a
few blocks away from where we sit in Washington, drug dealers are
selling cocaine, heroin, or marijuana. These drugs entered the United
States through a wide-open back door.
They didn't come across the U.S.-Mexico or Northern Border. Mr.
Rodney Benson, Intelligence Chief for the Drug Enforcement Agency, said
that larger and larger loads of both cocaine and heroin were
transiting, and now staying, in Puerto Rico. Once these drugs are in
Puerto Rico, they have crossed our borders.
This Caribbean region is America's ``Third Border;'' an open door
for drug traffickers and terrorists.
Because Puerto Rico is a U.S. Territory, illegal contraband that
makes it to the island is unlikely to be subjected to further U.S.
Customs inspections en route to the continental United States, meaning
it is easily mailed or placed on commercial aircraft without suspicion.
In fiscal year 2011, 165,000 metric tons of illegal drugs were
seized in the Caribbean, Bahamas, and Gulf of Mexico, up 36% over 4
years. Up to 80% of cocaine trafficked through Puerto Rico is directed
to U.S. East Coast cities.
The maritime smuggling routes widely used by international drug
trafficking organizations in the 1980's, the ``Miami Vice Era'', are
utilized more and more today.
These routes are a threat to America's National security. The
Caribbean region is also susceptible to smuggling nuclear,
radiological, chemical, and biological materials, and it could easily
be used as staging areas for violence against the United States.
In 1982, President Ronald Reagan said, ``Puerto Ricans have borne
the responsibilities of U.S. citizenship with honor and courage for
more than 64 years. They have fought beside us for decades and have
worked beside us for generations.'' President Reagan added that Puerto
Rico's ``strong tradition of democracy provides leadership and
stability'' for the Caribbean. These statements also apply to the U.S.
Virgin Islands.
Today that stability and the millions of American citizens in the
region are under siege. Puerto Rico and the U.S. Virgin Islands' close
proximity to the continental United States and their lack of effective
security infrastructures make them an appealing gateway for drug
cartels.
The Caribbean region is also experiencing an escalation in
trafficking of persons and firearms, as well as money laundering. As
these networks and drug routes evolve so do the potential links to
terrorism and transnational crime.
On average 1 person is murdered on the islands every 7.5 hours, and
at least half of those murders involve drug trafficking organizations.
Last year there were 30 homicides for every 100,000 Puerto Ricans. This
rate is far higher than any State in the mainland.
Drug shipments from locations including Haiti, Colombia, Venezuela,
and the Dominican Republic are transported to the islands on board
``fast boats'' and submersibles. Cargo is then dropped at obscure port
locations or just simply unloaded into the water and flagged for later
pick up. These locations are so remote that it can take Federal law
enforcement officers hours to reach them.
The Caribbean region Drug Trafficking Organizations have proven
flexible, adaptable, and can change routes quickly. The U.S. Postal
Inspection Service seized hundreds of weapons hidden in packages
postmarked for Puerto Rico including assault rifles, AK-47s, AR-15s,
and armor-penetrating ``cop-killer'' bullets.
On June 6, 2012 the Drug Enforcement Agency arrested 36 people in a
drug-trafficking ring that used Puerto Rico's International Airport in
San Juan to smuggle large quantities of cocaine off the island aboard
U.S.-bound passenger flights. From San Juan, drugs were flown to Miami,
Orlando, and Newark. The drug ring had been operating for 10 years
inside the San Juan airport.
The Caribbean region also has an active black market selling
fraudulent documents. According to the Department of State 40 percent
of identity fraud in the United States involved birth certificates from
Puerto Rico.
In January, 50 people were charged with conspiring to sell the
identities of hundreds of Puerto Ricans to illegal immigrants on the
American mainland. This was the largest single fraud case uncovered by
Immigration and Customs Enforcement. Hundreds of birth certificates,
social security numbers, and driver's licenses were sold for up to
$2,500 a set.
James Clapper, Director of National Intelligence, recently
testified, ``terrorists and insurgents will increasingly turn to crime
and criminal networks for funding and logistics . . . Criminal
connections and activities of Hezbollah and al-Qaeda in the Islamic
Maghreb illustrate this trend.''
These criminal networks in the region could potentially be
exploited by terrorists seeking to do us harm inside our borders. This
type of exploitation was evidenced in the thwarted plot to kill the
Saudi Ambassador in Washington. The Iranian Quds Force attempted to
solicit a Mexican Drug Cartel member to carry out the assassination.
Iran and the Bolivarian states--(Venezuela, Bolivia, Ecuador, and
Nicaragua)--which are major drug producers--bring a dangerous new set
of threats to the Western Hemisphere as they work together with
transnational organized crime enterprises and terrorist groups. This
threat includes the potential for weapons of mass destruction-related
trafficking.
These activities are carried out with the participation of regional
state actors who have publicly articulated a doctrine of asymmetrical
warfare against the United States and its allies explicitly endorsing
the use of weapons of mass destruction.
This is not a regional problem that won't reach our shores--these
are our shores.
Earlier this month, the Attorney General was asked why the Office
of National Drug Control Policy has a Southwest and Northern Border
counternarcotics strategy but does not have a Caribbean Border
counternarcotics strategy. Attorney General Holder's response was,
``when one looks at the Caribbean, Puerto Rico in particular, I think
we need a strategy. We have a task force on Puerto Rico that the
Associate Attorney General is co-chair of. I think to the extent it is
not explicit, we should develop such a plan.''
Without a comprehensive strategy to counter the cartels increasing
presence in the Caribbean, the region could continue to spiral out of
control.
The American flag has flown over Puerto Rico for more than a
century. The people of the U.S. Virgin Islands have been American
citizens for almost as long. These islands are American soil, and our
fellow American citizens need our support now.
Mr. Keating. Thank you, Chairman McCaul, for convening
today's hearing.
Thank you, Ranking Member Thompson, for joining us.
As a former district attorney in Massachusetts, I witnessed
first-hand the devastating effects of drug-related crimes and
violence on entire families, communities, nations, and for the
purposes of this hearing, commonwealths and States as well. In
Massachusetts, 1.7 people die per day from opiate-related
overdoses. With each new drug parcel crossing into our borders,
hundreds more individuals will become addicted.
For this reason, it is important to understand that the
drug trade has a global reach. Often in the media, on this
committee and even in the administration, there is a heavy
focus on immediate borders to the north and of course to the
south. The truth is that there is no distance too far or hurdle
too high for drug traffickers. While supply and demand for
drugs remains steady, the ingenuity and wealth of smugglers
increase, and the Federal dollars to fight this phenomenal
enterprise decrease. Yet whether you are in Bourne,
Massachusetts, San Juan, Puerto Rico, Juarez, Mexico, Praia,
Cape Verde, the face of despair following the loss of a loved
one to drug violence or addiction remains the same.
For this reason, I welcome this hearing's focus away from
the usual association between drugs and the Southwest Border.
The Caribbean is home to two U.S. territories, Puerto Rico and
U.S. Virgin Islands. This is not an issue affecting a foreign
nation. It is, instead, one that has significant consequences
for the 4 million American citizens who live in Puerto Rico and
the nearly 110,000 that live in the U.S. Virgin Islands. This
is an issue that requires a comprehensive strategy, yet the
homeland security resources, equipment, and personnel that are
deployed to those areas are not on a par with the other parts
of the United States with less challenging circumstances.
It is often noted that the main point of entry for drugs
into the United States is through the Central American
corridor, not the Caribbean-Florida corridor, yet the resources
dedicated to Miami, the entry point from the Caribbean, far
outweigh what is deployed in Puerto Rico. For example, there
are currently twice as many ICE Homeland Security investigation
agents in Miami than in Puerto Rico. There are almost five
times the number of Customs and Border Patrol field operation
officers assigned to Miami than Puerto Rico. Although the Coast
Guard interdicted over 1,700 pounds of cocaine in Puerto Rico
from January 2009 until August 2011 and none in Miami during
this same time frame, the Coast Guard office in San Juan has to
rely on assets from Miami to reinforce their fleet. Moreover,
Miami has a population of 400,000, while Puerto Rico has a
population of nearly 4 million. Certainly the efforts
undertaken in Miami are laudable. But for comparison sake, this
disparity clearly shows that Puerto Rico lacks the Federal
attention warranted by the crime rate, the population, and the
drug trade.
On the commonwealth level, I am concerned about the
allegations of widespread systemic corruption and abuse
occurring in the Puerto Rican police department. According to
scathing 143-page findings letter by the Department of Justice,
it is, ``an agency in profound disrepair.'' Furthermore, recent
reports as recent as last Tuesday, as a follow-up to the DOJ
investigation, indicated that, ``These abuses did not represent
isolated incidents or aberrant behavior by a few rogue
officers.'' It is rather, ``pervasive and systematic, and it is
island-wide, and it is on-going.''
Yet Federal agents, through numerous Caribbean-based task
force and interagency agreements have to work in partnership
with the Puerto Rican police department and their officers in
matters affecting our homeland security. I am therefore
interested in hearing from him and how he intends to work with
the Federal counterparts to ease some of the issues of the
Puerto Rican police department when we have our witnesses.
Finally, I understand that a focus on the drug trade in the
Caribbean may be confusing for some given the need for
resources in our communities at home to fight the same
problems. That being said, today's hearing and others like it
that look into the trade routes in other areas, like West
Africa, are needed to adequately combat drug violence and
addiction.
I thank the witnesses for their attendance. I look forward
to hearing from both panels on how to increase our efforts and
better position the safety and security of Puerto Rico and the
Virgin Islands.
[The statement of Mr. Keating follows:]
Statement of Ranking Member William R. Keating
June 21, 2012
As the former District Attorney for Norfolk County in
Massachusetts, I have witnessed first-hand the devastating effects of
drug-related crimes and violence on entire families, communities,
nations, and for the purpose of this hearing, commonwealths, as well.
In Massachusetts, 1.7 people die per day from opiate-related
overdoses.
And, with each new drug parcel crossing into our borders, hundreds
more people will become addicted.
For this reason, it is important to understand that the drug trade
has a global reach.
Often in the media, on this committee, and even in the
administration, there is a heavy focus on our immediate borders to the
north and of course, to the south.
The truth is that there is no distance too far or hurdle too high
for drug traffickers.
While supply and demand for drugs remains steady, the ingenuity and
wealth of smugglers increase and Federal dollars to fight this
phenomenon decrease.
Yet, whether you are in Bourne, Massachusetts; San Juan, Puerto
Rico; Juarez, Mexico; or Praia, Cape Verde, the face of despair
following the loss of a loved one to drug violence or addiction remains
the same.
For this reason, I welcome this hearing's stray away from the usual
association between drugs and the Southwest Border.
The Caribbean is home to two U.S. territories: Puerto Rico and the
U.S. Virgin Islands.
This is not an issue affecting a foreign nation, it is instead, one
that has significant consequences for the 4 million American citizens
that live in Puerto Rico and the nearly 110,000 that live in the U.S.
Virgin Islands.
This is an issue that requires a comprehensive strategy.
Yet, the homeland security resources, equipment, and personnel that
are deployed to those areas are not on par with other parts of the
United States with less challenging circumstances.
It is often noted that the main point of entry for drugs into the
United States is through the Central American corridor, not the
Caribbean-Florida corridor; yet the resources dedicated to Miami, the
entry point from the Caribbean, far outweigh what is deployed in Puerto
Rico.
For example, there are currently twice as many ICE Homeland
Security Investigations agents in Miami than Puerto Rico.
There are almost five times the number of CBP Office of Field
Operations officers assigned to Miami than Puerto Rico.
Although the Coast Guard interdicted over 1,700 pounds of cocaine
in Puerto Rico from January 2009 and August 2011 and none in Miami
during that same time frame, the Coast Guard Office in San Juan, has to
rely on assets from Miami to reinforce their fleet.
Moreover, Miami has a population of 400,000 while Puerto Rico has a
population of nearly 4 million.
Certainly, the efforts undertaken in Miami are laudable, but for
comparison's sake, this disparity clearly shows that Puerto Rico lacks
the Federal attention warranted by its crime rate, population, and drug
trade.
On the commonwealth level, I am concerned about the allegations of
wide-spread systemic corruption and abuse occurring in the Puerto Rico
Police Department.
According to a scathing 143-page findings letter by the Department
of Justice, it ``is an agency in profound disrepair.''
Furthermore, a report released by the ACLU on Tuesday, as a follow-
up to the DOJ investigation indicated that ``these abuses do not
represent isolated incidents or aberrant behavior by a few rogue
officers.'' Rather it is ``pervasive and systemic, island-wide and on-
going.''
Yet, Federal agents, through numerous Caribbean-based task forces
and interagency agreements, have to work in partnership with PRPD
officers in matters affecting our homeland security.
The Governor of Puerto Rico has ultimate authority over the PRPD,
is responsible for appointing a Superintendent to administer the PRPD,
and approves appointments to senior positions in the PRPD, from
Inspectors to Colonels. I am therefore interested in hearing from him
on how he intends work with his Federal counterparts to ease some of
the issues in the PRPD.
Finally, I understand that a focus on the drug trade in the
Caribbean may be confusing for some, given the need for resources in
our communities at home to fight the same problems. That being said,
today's hearing and others like it that look into trade routes in other
areas, like West Africa, are needed to adequately combat drug violence
and addiction.
I thank the witnesses for their attendance and look forward to
hearing from both panels on how to increase our efforts and better
position the safety and security of Puerto Rico and the U.S. Virgin
Islands.
Mr. Keating. Mr. Chairman, furthermore, Governor John
deJongh of the U.S. Virgin Islands was invited to testify today
alongside Governor Fortuno. However, because of his other
commitments, he wasn't able to attend. I have in my possession
a record testimony that he would like to submit. I would like
to ask unanimous consent that this be placed in the record.
Mr. McCaul. Without objection, so ordered.
[The information follows:]
Statement of John P. de Jongh, Jr., Governor, United States Virgin
Islands
June 21, 2012
I extend my appreciation to Subcommittee Chairman McCaul and
Ranking Member Keating, as well as the full committee Chairman Peter
King and Ranking Member Bennie Thompson, for conducting this hearing to
examine the epidemic of guns and drugs flowing through America's open
border in the Caribbean. While we sit more than 1,000 miles south of
Miami, the U.S. Virgin Islands and Puerto Rico are at the front lines
of this crisis. We are outgunned, underfinanced, and outmanned by the
cartels.
The Federal response so far has been inadequate, underfunded, and
slow. The major drug cartels have targeted our islands because our
borders are largely unprotected and our mail is typically uninspected.
Weaponry is being smuggled into the territories from the United States
and elsewhere on commercial aircraft, and in cargo vessels, fast boats,
and the U.S. mail. Illegal drugs intended for American cities and towns
are being transshipped through our territories, bringing into our
society the corrosive elements of organized crime, corruption, and
violence. Our corrections system is overwhelmed with deportable
offenders. And, the cartels have developed their own system of
enforcement and intelligence in the territories, which has contributed
to a pervasive climate of fear and intimidation in some of our
neighborhoods.
The drug trade and associated illegal activities have fueled a
phenomenon of heavily armed and violent youth, whose competing gangs
are steeped in greed, anger, and a disregard for our culture and
societal norms. Our Virgin Islands Police Department must now be ready
to confront children armed and willing to use automatic weapons.
This year, our territory is again on pace to record a homicide rate
among the highest in the Nation, and many of the victims of this drug-
fueled violence are young people. This epidemic is eroding our unique
and open culture, is undermining our main economic engine, and is
negatively impacting our business development efforts. It will not stop
until the U.S. Department of Homeland Security, the U.S. Department of
Justice, and their related agencies exhibit the same urgency, and the
same commitment of planning and resources that are being dedicated to
the Southwestern and Northern Borders of the United States and to other
countries in the Caribbean region.
We know from the statistics compiled by the High Intensity Drug
Trafficking Area (HIDTA) Task Force based in Puerto Rico, over 30% of
the illicit drugs entering the United States are coming through the
Caribbean. America's successful response to drug trafficking in the
Southwestern and Northern Borders has resulted in traffickers detouring
through our Caribbean region. The U.S. Virgin Islands has more than 100
miles of coastline and covers more than 600 square miles, of which 70%
is water. The cartels have realized that the types of Federal drug-
fighting assets being utilized on the Southwestern Border are non-
existent in these open waters and numerous small islets within the U.S.
Virgin Islands. These narco-terrorists are entering through the wide-
open doors of the Caribbean, creating local networks for storing,
protecting, and transshipping tens of millions of dollars in illegal
guns and drugs. They are infiltrating our territory with fast boats
loaded with tons of cocaine. Once inside the U.S. Virgin Islands, the
drugs are either ferried to gateway cities such as Miami, New York,
Charlotte, Boston, Atlanta, Newark, Chicago, Philadelphia, Fort
Lauderdale, and Washington, DC, or simply packaged and mailed through
the U.S. Postal Service or one of the other package companies. The
weapons and human smugglers believe that they can operate with similar
impunity within the United States Virgin Islands.
A few weeks ago, a fast boat smuggling drugs into the United States
was observed as it approached the island of St. Croix. The boat crew,
aware of detection, dumped tons of cocaine into the ocean and sped
away. Over $25 million in cocaine was retrieved, but the criminals
eluded capture because we do not have the necessary air and sea
resources of the U.S. Coast Guard and Border Patrol in the territory.
That example of rare interdiction is a drop in the bucket of what
probably enters the United States unhindered through our waters and
ports.
While the great majority of drugs most likely pass through our
borders without notice, the major seizures executed over the past 2
years by the Virgin Islands High Intensity Drug Trafficking Area
(HIDTA) Task Force suggest a substantial amount of cocaine, heroin, and
marijuana being trafficked through the islands of St. Thomas, St. John,
and St. Croix. In 2011 alone, HIDTA seized more than 100 times the
amount of cocaine on St. Croix than it had seized the previous year.
Four years ago, the House Homeland Security Committee, under the
Chairmanship of Representative Thompson, undertook a fact-finding
mission to the U.S. Virgin Islands to see first-hand our open ocean,
our miles of unprotected borders, and our close proximity to our
neighbors. They heard from our local and Federal law enforcement
officers who vividly described the deleterious impact of the flow of
illegal guns, illegal drugs, and illegal immigrants on our community.
This committee lent its voice to our effort to obtain a Federal Border
Patrol Unit, an initiative ultimately rejected by our Federal partners.
In the ensuing years since the committee's visit, the problem has
gotten worse, not better.
I am honored, therefore, to join with Governor Fortuno of Puerto
Rico and other Governors of southern and eastern States in calling for
the creation of a Caribbean Border Initiative, under the Office of
National Drug Control Policy. This is not simply a Puerto Rico and
Virgin Islands drug and violence problem. It is a National crisis that
is the result of our success elsewhere, and our failure to secure
access to U.S. territories against infiltration by these ever-expanding
international drug syndicates. America's Caribbean communities need the
kind of high-level engagement, coordination, and resource availability
that has aided the defense of our Southwestern and Northern Borders.
The Obama administration has launched a Caribbean Basin Security
Initiative focused on strengthening law enforcement and drug-fighting
capabilities in the region, however, neither the U.S. Virgin Islands
nor Puerto Rico have been included in the development or execution of
this initiative. They are also unable to access any of the initiative's
funding to strengthen their law enforcement assets. We view the
Caribbean Border Initiative as a vehicle to ensure Federal
coordination, access to resources, and the kind of U.S. commitment that
will successfully complement the Caribbean Basin Security Initiative
and not just shove the dilemma to another part of the Caribbean region.
Congressional oversight and funding are critical to victory in the
Caribbean anti-drug effort. Because we are under-represented in
Congress and we are not a State, our fate is often controlled by
Federal bureaucrats who sometimes focus more on convenience and cost-
cutting, rather than effectively fighting and winning this specific
war. The results are glaring.
For example, the U.S. Coast Guard does not have a single Coast
Guard cutter permanently positioned in the Virgin Islands and no
Federal agency has air assets stationed in the territory for law
enforcement purposes. The ATF does not currently have an active
presence in the Virgin Islands, and even the U.S. Postal Service
shuttered its local inspection operation. And for those agencies that
do have a presence here such as CBP, ICE, DEA, and Coast Guard, their
staffing levels and funding remain far below their State-side
counterparts.
My hope is that this hearing will result in the Department of
Homeland Security and the Department of Justice regaining the resolve
to fight this battle with the necessary resources to win.
The people of the U.S. Virgin Islands are among the most patriotic
and proud Americans. Our enlistment rate in the Armed Forces is among
the highest in the Nation. Even before we were a U.S. territory, Virgin
Islanders exhibited this kind of patriotism--a Virgin Islander
commanded troops at the Battle of Yorktown. Virgin Islanders have
fought and died in every war of the 20th Century, up to and including
the War on Terror. We are proud of our contributions to the Nation.
Although we are not a State, we have every reason to expect that
our territory will be defended by the United States against its
enemies. The incursion of illegal guns, illegal drugs, and illegal
immigrants is at present the greatest threat to our community. I hope
that this committee will help lead a more robust and effective response
to this threat against our way of life.
Mr. Keating. Thank you.
Mr. McCaul. The Chairman now recognizes the Ranking Member
of the full committee, Mr. Thompson, for his statement.
Mr. Thompson. Thank you very much, Mr. Chairman. I would
like to welcome the Governor to this committee. Over the past
decade, seemingly as a result of the United States
counternarcotics efforts in Mexico and Central America, the
Caribbean region has become a key transshipment point for drugs
flowing into the United States. Unfortunately, two U.S.
territories, Puerto Rico and the U.S. Virgin Islands, have
become attractive targets for drug traffickers, and placed the
safety and security of U.S. citizens at risk. The Department of
Homeland Security, through the U.S. Coast Guard, the U.S.
Customs and Border Protection, and the Immigration and Customs
Enforcement, plays a vital role in the Caribbean by protecting
our borders and securing the maritime environment. However, by
many accounts recent budget cuts, aging equipment, and a lack
of a Caribbean Border Counternarcotics Strategy, similar to the
existing Southwest Border and Northern Border Counternarcotics
Strategy, have resulted in inadequate DHS resources in Puerto
Rico and the U.S. Virgin Islands. Furthermore, for years I have
monitored vacancy rates at the Department and urged the
Secretary to fill vacant positions that bear a direct role on
security. I was disheartened to learn that 15 percent of ICE's
authorized positions in Puerto Rico are unfilled, and a
critical CBP Air and Marine Office in San Juan was closed due
to budget shortfalls. These are Federal resources that Puerto
Rico needs, and I urge the Secretary to fill these gaps. In the
mean time, however, Puerto Rico has benefit of having the
second-largest police department in the United States. The
Puerto Rico Police Department, or PRPD, has 17,000 police. The
ratio of PRPD to residents is approximately 4.6 officers for
every 1,000 residents, more than twice the U.S. National
average. While Members of this committee and our Congressional
colleagues work on improving DHS's sources in Puerto Rico, I
lend my full support to this effort. I am interested in hearing
the Governor's comments on how he is upholding this obligation
to Puerto Rico and to remap the PRPD.
With that, Mr. Chairman, I would like to ask unanimous
consent to enter into the record this report referenced by the
Ranking Member from the United States Department of Justice.
Mr. McCaul. Without objection, so ordered.*
---------------------------------------------------------------------------
* The document, ``Investigation of the Puerto Rico Police
Department,'' United States Department of Justice, Civil Rights
Division, September 5, 2011, has been retained in committee files and
is available at www.justice.gov/crt/about/spl/documents/
prpd_letter.pdf.
---------------------------------------------------------------------------
Mr. Thompson. Thank you. Also I look forward to hearing
today's testimony. I yield back the balance of my time.
[The statement of Mr. Thompson follows:]
Statement of Ranking Member Bennie G. Thompson
June 21, 2012
Over the past decade, seemingly as a result of United States'
counternarcotics efforts in Mexico and Central America, the Caribbean
region has become a key transshipment point for drugs flowing into the
United States. Unfortunately, two U.S. territories--Puerto Rico and the
U.S. Virgin Islands--have become attractive targets for drug
traffickers and placed the safety and security of U.S. citizens at
risk.
The Department of Homeland Security, through the U.S. Coast Guard,
the U.S. Customs and Border Protection, and the Immigration and Customs
Enforcement, plays a vital role in the Caribbean by protecting our
borders and securing the maritime environment.
However, by many accounts, recent budget cuts, aging equipment, and
a lack of a Caribbean Border Counternarcotics Strategy, similar to the
existing Southwest Border and Northern Border Counternarcotics Strategy
have resulted in inadequate DHS resources in Puerto Rico and the U.S.
Virgin Islands.
Furthermore, for years I have monitored vacancy rates at the
Department and urged the Secretary to fill vacant positions that bear a
direct role on security. I was disheartened to learn that 15% of ICE-
authorized positions in Puerto Rico are unfilled and a critical CBP Air
and Marine Office in San Juan was closed due to budget shortfalls.
These are Federal resources that Puerto Rico needs and I urge the
Secretary to fill these gaps.
In the mean time, however, Puerto Rico has the benefit of having
the second-largest police department in the United States. The Puerto
Rico Police Department, or PRPD, has 17,000 police. The ratio of PRPD
to residents is approximately 4.6 officers for every 1,000 residents,
more than twice the U.S. National average.
Yet, according to the U.S. Department of Justice and a report that
was just released by the ACLU on Tuesday, the PRPD is plagued with
police abuse, violence, and corruption. Following its extensive
investigation, DOJ found that the PRPD officers engage in a pattern and
practice of excessive force in violation of the Fourth Amendment,
unreasonable force and other misconduct designed to suppress the
exercise of protected First Amendment rights, and unlawful searches and
seizures in violation of the Fourth Amendment.
These findings are shocking. Moreover, the report released by the
ACLU earlier this week corroborates these conclusions and further finds
that in the face of the dire crime rate in Puerto Rico, rather than
curbing the violence, the PRPD instead contributes to it.
This is important to note and relevant to this hearing because the
PRPD is Puerto Rico's primary law enforcement agency and in the absence
of additional Federal resources--which I admit is needed--the PRPD is
large enough to fill the gap created by Federal law enforcement
shortages, if its house was in order.
While Members of this committee and our Congressional colleagues
work on improving DHS resources in Puerto Rico--and I lend my full
support to this effort--I am interested in hearing from Gov. Fortuno on
how he is upholding his obligation in Puerto Rico to revamp the PRPD.
Mr. McCaul. I thank the Ranking Member.
Without objection, I would also like to, by unanimous
consent, introduce the following statements. One is a statement
from Senator Marco Rubio commending Governor Fortuno and the
Commissioner Pierluisi for proposing a Caribbean Border
initiative; a statement from Mayor Jorge Santini Padilla, San
Juan, Puerto Rico, describing the problem of drug trafficking
in Puerto Rico; a statement from Luis Romero, president of the
nonprofit foundation Enough is Enough, who is I believe here
today, whose 20-year-old son was viciously murdered by a drug
runner in Puerto Rico.
We are so sorry for that. Thank you for being here today.
Hearing no objection, I will enter these into the record.
So ordered.
[The information follows:]
Letter From Hon. Marco Rubio
June 21, 2012.
The Honorable Michael McCaul,
Chairman, Subcommittee on Oversight, Investigations, and Management,
House Committee on Homeland Security, H2-176 Ford House Office
Building, Washington, DC 20515.
The Honorable Bennie Thompson,
Ranking Member, Subcommittee on Oversight, Investigations, and
Management, House Committee on Homeland Security, H2-176 Ford
House Office Building, Washington, DC 20515.
Chairman McCaul and Ranking Member Thompson: Thank you for holding
this hearing to bring greater attention to the poor security situation
in our Nation's Caribbean Borders. I appreciate the opportunity to
address the subcommittee on this important issue. I ask that this
statement be included in the record.
Drug trafficking and associated violence affects many of our
communities, and there might not be a better example of this situation
than in Puerto Rico. In Puerto Rico, the combination of increased
transit and consumption of illicit narcotics and the negative effects
of the on-going economic recession is exposing millions of American
citizens to levels of violence that are unheard of anywhere else in the
United States. According to press reports, 1,136 people were murdered
in Puerto Rico in 2011. That is more than 30 deaths per 100,000
inhabitants, more than five times the National U.S. average. I would
note that, according to Puerto Rican officials more than 70 percent of
those murders are directly related to drug trafficking.
As I pointed out at a Senate Western Hemisphere Subcommittee
hearing earlier this year, if these levels of violence were taking
place in any city in the continental United States, Congress and the
administration would have been pressed into taking meaningful measures
to end it. Peace and security in Puerto Rico is not a foreign issue,
but a domestic responsibility of this United States.
Our efforts to reduce illicit narcotics trafficking and its
associated transnational criminal organizations have been aptly likened
to squeezing a balloon--press too hard on one side and thc balloon
expands on another direction--with the implication that
counternarcotics efforts simply pushes traffickers into ill-equipped
areas like Puerto Rico. The solution is to get better at fully
coordinating and resourcing our efforts to reduce and eliminate
transnational criminal organizations. And when it comes to a U.S.
territory and American citizens, this coordination and resourcing needs
to be a priority.
As American and Colombian countemarcotics cooperation started to
show progress in Colombia, drug traffickers began to move their
operations to Mexico and Central America. The previous administration
and Congress responded to these challenges by developing
unprecedentedly close coordinating mechanisms with Mexican and Central
American authorities and designating about $1.9 billion\1\ over the
last decade on security assistance. The current administration's
Central America Regional Security Initiative (CARSI) and Caribbean
Basin Security Initiative (CBSI) added an additional $700 million and
seek to build upon those efforts and include some of the lessons
learned from previous experiences.
---------------------------------------------------------------------------
\1\ Congressional Research Service Report R41215. Latin America and
the Caribbean: Illicit Drug Trafficking and U.S. Counterdrug Programs.
The reported CARSI figure of $466 million was increased to $496 million
after publication of the report.
---------------------------------------------------------------------------
Yet, none of these initiatives appear to have taken into account
the need to be equally creative in ensuring that the inter-agency
process includes local and State governments from U.S. territories in
the Caribbean.
Just a few weeks ago, on June 7th, Federal agents arrested dozens
of airline workers and baggage handlers at Puerto Rico's busiest
airport, targeting what authorities say are two drug-smuggling rings
working together to move cocaine into the United States aboard
commercial aircraft. A 2011 National Drug Intelligence Center report
indicated that cocaine seizures in the Puerto Rico and U.S. Virgin
Islands area increased 76 percent between 2009 and 2010.\2\ And, at an
October 2011 Senate Western Hemisphere Subcommittee hearing on CBSI,
Rodney Benson, Intelligence Chief, Drug Enforcement Administration
(DEA), confirmed that larger and larger loads of both cocaine and
heroin were transiting, and now staying, in Puerto Rico.
---------------------------------------------------------------------------
\2\ 2011 National Drug Intelligence Center Puerto Rico/U.S. Virgin
Islands High Intensity Drug Trafficking Area Drug Market Analysis
Report, http://www.justice.gov/ndic/dmas/PR-VI_DMA-2011%28U%29.pdf.
---------------------------------------------------------------------------
These and other disturbing trends should prompt this Congress and
the administration to explore ways to make the governments of Puerto
Rico and the U.S. Virgin Islands as full partners in the inter-agency
process responsible for crafting and resourcing our Nation's
counternarcotics strategy in the Caribbean. This includes taking into
account the territories' capacity to address any threats that may stem
from transnational criminal organizations seeking to evade
international law enforcement efforts. I commend Puerto Rico's Resident
Commissioner Pedro Pierluisi and Governor Luis Fortuno for their
proposal to develop a Caribbean Border Initiative. I urge the President
to start working on this proposal at once, and I encourage Congress to
provide any legislative mandate necessary to achieve it.
It is also imperative to provide any appropriate Federal support to
Puerto Rican efforts to reform and modernize their law enforcement
forces. Governor Fortuno has recognized the pressing need to address
the growing challenge of illicit narcotics and has taken some promising
steps, including several joint strike forces with Federal authorities
that have recently been credited with making 6,000 arrests, broken up
400 illicit drug markets, confiscated hundreds of firearms, and helped
dismantle major crime organizations. The Governor has also committed to
100 percent cargo inspections at the busy Port of San Juan in an effort
to stem the traffic of illicit drugs and firearms.
It's clear that Governor Fortuno faces an uphill struggle as he
deals with the growing threat from drug trafficking organizations. We
need to think more strategically about how our efforts in Mexico,
Central America, and the Caribbean will affect U.S. territories, and
build some measure of resiliency into those plans to ensure that the
balloon doesn't crush Puerto Rico. In that context we must look for
ways to increase support to Puerto Rico's beleaguered institutions.
Today, Immigration and Customs Enforcement has 26 vacant positions
in Puerto Rico; the Bureau of Alcohol and Firearms has 17 such
vacancies, and the DEA needs to fill 16 vacancies. The attorney general
and Secretary of Homeland Security must make a serious effort to find
creative and flexible ways to fill these posts.
Again, thank you for giving me the opportunity to testify before
this subcommittee. I trust this hearing will help find solutions to
address the intolerable levels of violence and crime affecting the
people of Puerto Rico.
Sincerely,
Marco Rubio,
United States Senator.
______
Statement of Mayor Jorge Santini Padilla, San Juan, Puerto Rico
June 21, 2012
introduction
Chairman McCaul and Members of the subcommittee, thank you for
allowing me the opportunity to submit the following statement. I am
pleased that you are conducting this hearing on the problem of drug
trafficking in the Caribbean and on the very real concern that our
island could be used by criminals and terrorists as a gateway to the
continental United States.
As the Mayor of San Juan, I am concerned with the health, safety,
and security of my fellow citizens and the millions of visitors who
reside and visit our capital city. The increased drug trade has been a
big challenge of my administration and I will continue to work with
Governor Fortuno and the Federal agencies to combat this threat.
As a United States Marine and current Colonel in the Puerto Rico
National Guard, I have dedicated my life to the security of our great
Nation. Nothing saddens me more than the thought that my island could
be used by terrorists as a back door entry to the continental United
States. I am concerned, however, that this could be the case and thus
join my Governor and DHS officials in requesting more resources to
combat terror in the Caribbean.
San Juan is Puerto Rico's largest metropolitan center. With a
population of approximately 500,000 residents in San Juan and 1.6
million in the San Juan metropolitan area, the city has the highest
levels of economic and social activities in the Caribbean. However,
with such a high level of commerce and the island's strategic
geographic location between South America and the United States, there
also exists the risks and the reality of an ever-increasing drug-
trafficking network and drug-abuse problem for our residents and
visitors. Clearly, due to our population and as the most visited city
in Puerto Rico, we are a magnet for potential terrorist attacks when
compared to other cities in Puerto Rico and on the mainland United
States. While there have been key efforts and huge amounts of resources
devoted from the local, State, and Federal governments and the various
law enforcement agencies to try and decrease the power of the drug
trade, more support and an overall greater emphasis must be given to
the island and the city of San Juan if we are to truly make a
difference in this great endeavor we have undertaken.
law enforcement efforts
The city of San Juan is at the forefront of the fight against drug-
traffickers. Our law enforcement jurisdiction includes a 123-square-
mile area of the Northern Coastal Plains region, including the city of
San Juan and the viable water connections of the San Juan Estuary,
including the San Juan Port Area. The San Juan Police Department
supports Federal and State law enforcement agencies such as the Puerto
Rico State Police Department (PRSPD), the Puerto Rico Justice
Department (PRJD), Federal Bureau of Investigation (FBI), the Drug
Enforcement Agency (DEA), the U.S. Immigration and Customs Enforcement
(ICE), as well as others. Through these formal partnerships, the San
Juan Police Department has been able to establish task forces,
participate in large-scale investigations, and ensure the optimal and
effective use of resources in the war against drug traffickers.
Some of these combined efforts have produced positive results such
as the recent shutdown of two large drug smuggling rings at the Luis
Munoz Marin International Airport on June 6, 2012. In this case, the
DEA and other authorities including the FBI and PRSPD, with the
collaboration of the San Juan Police Department, indicted 45 people of
which 36 were arrested in a drug-trafficking raid. The individuals
indicted were accused of transporting large amounts of cocaine using
various methods. These methods included carrying cocaine packages in
bags and backpacks, and hiding it within themselves and in official
work vehicles. About 20 of the 45 individuals indicted were charged for
allegedly aiding and abetting each other and conspiring to possess with
intent to distribute in excess of 9,000 kilograms of cocaine aboard
American Airlines commercial flights. These drugs were headed to the
continental United States, specifically New Jersey, New York, Florida,
Pennsylvania, Maryland, and Massachusetts.
increased drug traffic
While there has been an increase in law enforcement efforts in
recent years to address the drug-trafficking problem, unfortunately,
there are more and more drugs being brought into the city and
transported into the continental United States than we can track and
seize.
One contributing factor to the increased drug traffic is the
falling price of cocaine and other drugs. The most recent average price
estimates for a kilogram of cocaine in the High Intensity Drug
Trafficking Area (HDTA), which includes Puerto Rico and the eastern
Caribbean, has decreased from a range of $28,000 to $30,000 in October
2008 to a range of $16,800 to $21,000. This has made cocaine and other
drugs more readily available in Puerto Rico and especially in the city
of San Juan.
My administration and local law enforcement agencies also agree
that a second factor contributing to the wide availability of drugs in
San Juan and in Puerto Rico is that increase in security at the U.S.-
Mexican Border. We have seen that this has resulted in the drug cartels
and drug traffickers making more use of the Caribbean corridor, of
which Puerto Rico remains a central hub, to transport drugs.
the ports
The airports and seaports in San Juan are central in our concerns
about drug traffic and potential terror threats. The Port of San Juan
is the island's main seaport and the Caribbean's busiest. In 2011
alone, there were an estimated 1,484,595 cargo units that made their
way through the Port of San Juan. This made San Juan the twelfth-
busiest seaport in North America, and the most used in the Caribbean.
Luis Munoz Marin International Airport and the Fernando Luis Ribas
Dominicci Airport (also commonly known as Isla Grande Airport) both
serve the city of San Juan and its outlying communities, with the
former being the largest airport in all of Puerto Rico. Over 4 million
passengers travel every year through the Luis Munoz Marin International
Airport while the Isla Grande Airport sees almost 40,000 passengers
come through its gate, most of them from other islands in the
Caribbean.
Our ports are equipped with technology and security enhancements
that have been put in place to detect drugs, explosives, and other
illegal contraband that may make its way onto the island. These include
over 153 video cameras at the Port of San Juan, 7 of which are
outfitted with special night vision lenses and have the capacity to
cover up to 11 miles of the seaport perimeter. The port is also
equipped with other security measures such as an advanced radio video
surveillance system, a command center, a Docks and Ships Management
System (DSMS), and an automated identification system that offers data
regarding velocity, knots, distance, and orientation of incoming ships.
With this much traffic going through our ports, it is only
reasonable to think that drugs and other illegal contraband have the
potential to be smuggled into the island and eventually into the
continental United States. While established security measures and
personnel work hard to deal with the inflow of drugs and other illegal
contraband through our ports, these efforts are limited in their
capabilities. The amount of traffic that the ports receive makes it
impossible to screen and check every item that comes through. As a
result, criminals and drug traffickers are always active in trying to
outsmart and outmaneuver the security measures and personnel. They do
this by creating new ways to smuggle contraband on a daily basis that
sometimes makes it difficult for law enforcement personnel and security
to discover. These tactics include sewing small packages of drugs into
pieces of clothing, and paying crew members of cruise ships to sneak
the drugs onto the ships and deliver them to local dealers in the
mainland, among other ways. In addition to this, once new and/or
effective methods of smuggling drugs are decided, drug-traffickers and
criminals will execute these methods in large numbers, as discovered
during the June 6th raid and other instances.
As defined and established by the U.S. Coast Guard, the San Juan
seaport is defined as a Group II port area facing potential threats and
risks in the event of terrorist attacks. In view of the San Juan Port's
level of importance and its contribution to the business and trading
sectors of the island, the San Juan Police Maritime and Divers Units
collaborate with Federal agencies such as the TSA, FBI, Coast Guard,
and CBP, in joint operations that include the underwater inspection of
ships' hulls for possible drug smuggling or presence of improvised
explosive devices (IED's).
drug abuse and treatment
As we are working on the huge challenge of decreasing the number of
drug packages smuggled into the continental United States through San
Juan and Puerto Rico, the local San Juan population and government are
also dealing with the effects of addiction and drug-related crime.
Unfortunately, a large segment of the population affected by drugs is
our veteran population. San Juan is home to thousands of our Nation's
veterans and that number continues to grow as our brave men and women
return from Afghanistan. We are devoted to the care of our veterans,
including those battling drug addictions. We have worked on numerous
outreach programs to counter the challenges unique to San Juan veterans
including language and cultural barriers to seeking help.
additional resources needed
In order for the municipality of San Juan to continue to support
the Federal and State agencies charged with protecting our borders,
combating drug trafficking and distribution, and thwarting terrorism,
the city will require additional resources. Each day, criminals and
terrorists become more sophisticated. Law enforcement is in many cases
out-manned by huge criminal enterprises. The San Juan Police Department
actively supports all Federal and State agencies and will continue to
do so without hesitation. However, between the everyday operations of a
major metropolitan police force and the added responsibilities of
fighting the drug trade and potential terrorist plots, our department's
resources are stretched thin. The city of San Juan and the United
States as a whole would benefit from a Federal commitment to putting
more officers on our streets and updating our equipment.
conclusion
The problem of drug trafficking is one that needs to be approached
on multiple fronts. While it is crucial that we enhance and improve our
law enforcement capabilities, we must also tend to the victims and
bystanders of this epic struggle. The city of San Juan is at the
forefront of this fight and will always continue to contribute as many
resources, personnel, and energy as it can provide. But the city cannot
do this alone. It needs the strength, support, and will of not only
Puerto Rico and its residents, but those of its fellow Americans as
well. As the days go by, San Juan is faced with a daily surge in drug-
related violence; including murders, drug-addicted residents, and a
rising powerful drug underworld that seeks to undermine the foundation
and progress of the United States.
Mr. Chairman and Members of the committee, I implore you to
consider what has and will be said today. America's Caribbean Border
needs to be at the priority list if the United States is serious about
keeping the homeland safe and secure. I hope that through these and
other findings and revelations, the United States Congress and the
American Government will become more willing and able to come together
and find sustainable and palatable solutions to these issues. This is
not a matter of just drug trafficking, crime, and cartels, but one that
threatens our civil liberties and National security.
______
Letter from Luis G. Romero
June 15, 2012.
Hon. Michael T. McCaul,
Chairman, Subcommittee on Oversight, Investigations, and Management,
House Committee on Homeland Security, House of Representatives,
131 Cannon House Office Building, Washington, DC 20515.
Dear Congressman McCaul: Following up on our letter dated June 1,
2012 (copy attached), we would like to submit to the Subcommittee on
Oversight, Investigations, and Management of the House of
Representatives additional information that may aid the subcommittee in
its deliberations. The subcommittee is correct to be concerned about
the U.S.-Caribbean Border. In Puerto Rico and the U.S. Virgin Islands
live approximately 4 million American citizens. These citizens are
facing a continuous threat as a consequence of this National security
issue that needs to be attended to.
Puerto Rico is working hard to do its part. Additional resources
are being provided by the Puerto Rico government for law enforcement.
In a highly unusual movement, particularly difficult in an election
year, a bipartisan effort has taken root to pass tougher laws in order
to stiffen penalties and correct procedural obstacles. Citizens-Police
interaction committees have been created in all of the Puerto Rico
Police regions. Likewise, organizations like BastaYaPR (``It's Enough,
Puerto Rico'') are focusing their attention to community-led
initiatives to reduce crime and get rid of the scourge of the huge drug
traffic that is passing through on its way to the USA mainland.
BastaYaPR donated to the police equipment and made available at no cost
a cellular application to improve citizens reporting drug-related
incidents and other crimes to the police.
But the local law enforcement agencies can do all they can, the
citizens can get up in arms, and that is not enough. There is a huge
gap: Border protection. The United States Government has the main
responsibility of protecting the border and without sufficient
resources this is just not possible.
In 2011 there were 1,136 murders in Puerto Rico and 1,017 in 2010.
The total numbers of Type I crimes were 62,269 and 62,257 in 2011 and
2010 respectively.\1\ On a State level, this table shows how Puerto
Rico compares with other States:\2\
---------------------------------------------------------------------------
\1\ Source: Puerto Rico Statistics Institute.
\2\ Source: Uniform Crime Reports, FBI.
Comparing major cities with Puerto Rico may be a better analysis
due to Puerto Rico's population density:
Now let's look at total violent crime rates and see the result of
the drug traffic running through Puerto Rico:
There is no better proof than the previous charts that the
Caribbean-U.S. Border is porous, American citizens are dying as a
result, and Federal law enforcement agencies need to be bolstered with
more personnel and funding. The drugs that are not stopped at the
Caribbean-U.S. Border end up in cities across the 50 States.
We fully support the creation of a Caribbean Border Initiative,
similar to the effort along the U.S. Southern Border, to ensure the
Nation's borders are fully protected.
Respectfully submitted,
Luis G. Romero,
President, BastaYaPR, Inc.
Mr. McCaul. With that, I would like to introduce our first
panel. Governor Luis Fortuno is the Governor of the
Commonwealth of Puerto Rico, a position he was elected to in
2009. He serves as chairman of the Southern Governors
Association, as well as the president of the Council of State
Governments.
Prior to being elected, he served as a Resident
Commissioner of Puerto Rico from 2005 to 2009. During his time
in the House, he served as vice chair of the Congressional
Hispanic Conference and was a cosponsor of the Puerto Rico
Democracy Act. Before being elected to public office, Governor
Fortuno was the first secretary of the Puerto Rico Department
of Economic Development and Commerce, as well as the executive
director of the Puerto Rico Tourism Company, and served as the
president of Puerto Rico's Hotel Development Corporation.
On a point of personal privilege, I can say he is a
personal friend of mine and a colleague. We came into the
Congress together and served together for many years.
Governor, it is good to see you back in Washington. With
that, we are ready for your testimony.
STATEMENT OF THE HONORABLE LUIS FORTUNO, GOVERNOR, COMMONWEALTH
OF PUERTO RICO
Governor Fortuno. Thank you, Mr. Chairman.
Chairman McCaul, Ranking Member Keating, and distinguished
Members of the subcommittee, I appear before you to address the
building National security threat posed by transnational drug-
trafficking organizations infiltrating our country and
endangering the safety of over 4 million U.S. citizens living
along the U.S.-Caribbean Border.
I would like to thank you especially, Mr. Chairman,
Chairman McCaul, good friend, for your leadership in calling
this hearing and bringing attention to this growing security
challenge that has been overlooked in Washington for too long.
Because as you well understand, Mr. Chairman, it is not just
about the safety and security of U.S. citizens in Puerto Rico
and the U.S. Virgin Islands, but also intrinsically linked to
the safety of U.S. citizens throughout the mainland.
Today, Puerto Rico is serving as the last line of defense
in the Caribbean to prevent drugs and violence from reaching
the U.S. mainland. Drug-trafficking cartels operating from
Colombia and through transit countries, like Venezuela and the
Dominican Republic, are sparking a battle for drug turf in
Puerto Rico and unleashing a brutal wave of violence in their
wake.
Let me paint a picture of the horror that I am referring
to, because I am not convinced that Federal officials recognize
the severity of our situation. Last year, at a mall just
outside of San Juan, a violent conflict between two drug
dealers over the control of a nearby drug retail point resulted
in a bloody shooting that left one of the dealers dead and
several innocent bystanders wounded. At 5 o'clock in the
afternoon, in the middle of a food court crowded with dozens of
adults and children, 21-year-old Luis Valdez opened fire,
shooting 22-year-old Emmanuel Zapata nine times in the head and
torso with a 40-caliber handgun. Several in the crowd were
struck by stray bullets during the pandemonium. One of the
victims was a 14-year-old girl, I repeat 14-year-old, a ninth-
grade high-school student who later testified at the shooter's
trial. She had arrived at the mall with her grandfather and a
friend from school, and was waiting in the food court to meet
up with her brother. A mother who was in the food court with
her 7-year-old child was struck and rushed to the hospital for,
thankfully, life-saving medical care.
After the shooting, the perpetrator fled the scene and
Puerto Rico. In July, he was extradited from the State of New
York, where he had fled, was tried and convicted, and he is now
serving a 199-year sentence for first-degree murder.
What stands out starkly is the audacity of this crime,
committed at a crowded mall with dozens of witnesses, with the
play-by-play caught on security cameras and complete disregard
for the innocent. Just imagine if this were happening in
Austin, in Tampa, in Brooklyn, or any of your home towns.
Unfortunately, this is but one example of the blatant and
unbridled drug violence that is happening on U.S. soil right
now and threatening the lives of over 4 million U.S. citizens
residing in Puerto Rico and the U.S. Virgin Islands. The U.S.-
Caribbean territories of Puerto Rico and the U.S. Virgin
Islands are America's Caribbean Border. Because of our
geographic proximity, the U.S.-Caribbean Border is increasingly
being used as a transshipment zone for cocaine and other drugs
destined for mainland U.S. markets. Actually, just last night,
we stopped 6 kilos at the airport going to Boston.
As a U.S. territory, once these drugs enter Puerto Rico,
they are easily delivered to the States through commercial
airlines and container ships without having to clear Customs or
other heightened scrutiny. An estimated 70 to 80 percent of the
Colombian cocaine reaching Puerto Rico is then transshipped to
U.S. cities cross the Eastern Seaboard, from Florida all the
way to New York and Massachusetts.
Puerto Rico is in turn a destination for illicit drug money
and illegal firearms coming from the U.S. mainland to fortify
drug-trafficking networks. Large drug-trafficking organizations
are putting illegal proceeds into bank accounts in Puerto Rico
and then funneling the money to accounts in Asia, Europe, and
even the Middle East. Recent ATF data confirms illegal firearms
used to commit crimes in Puerto Rico can be traced back to more
than 20 States, with Florida, Texas, Georgia, and Ohio being
the biggest sources last year.
These transnational criminal organizations pose an ever-
changing threat. The reality is that Federal and State law
enforcement have not been able to keep pace with this agile and
well-funded enemy. As a result, the U.S.-Caribbean Border is
experiencing a dramatic upsurge in drug-related violence. While
the U.S. homicide rate has declined substantially in recent
decades, Puerto Rico is experiencing an extraordinary uptick.
In 2011, Puerto Rico had the highest number of murders in a
single year in all of its history, with 1,136 murders for a
population of approximately 3.7 million people.
Puerto Rico law enforcement officials estimate that close
to 80 percent of murders are related to illegal drug trade.
This has driven Puerto Rico's murder rate to six times the
National average and more than twice as high as any State. To
put our figures in context, Texas, with 25 million residents,
had 1,246 homicides in 2010. Ask anyone who understands basic
economics can tell you once the Puerto Rico market reaches
saturation, local distributors can either drop their prices to
generate greater demand or they can eliminate their competition
and steal away customers. Judging from the levels of
trafficker-on-trafficker violence, these criminals are
routinely using intimidation and violence to gain control of
local retail drug markets.
These crimes are only becoming more ruthless. In October
2009, the Tombola massacre occurred. Members of a drug ring
used automatic weapons to attack a rival trafficker at a
nightclub in Toa Baja, Puerto Rico, leaving 8 bystanders dead
and more than 20 wounded. These tragedies have not adversely
affected Puerto Rico tourism, partially attributed to our State
police dispatching additional officers to protect high tourism
areas.
But I must tell you, this situation has greatly tested our
resolve. The Government of Puerto Rico is doing everything
within our limited jurisdiction and resources, but we cannot
fight this war alone, nor should we be required to do so. This
is a shared responsibility. The consequences affect us all.
Nearly 30 percent of illegal drugs coming into the continental
United States come through the Caribbean, making us as
important a border from a defensive standpoint as the U.S.-
Mexico Border. While a strong commitment of Federal law
enforcement resources have justifiably gone to the U.S.-Mexico
Border, defenses along the U.S.-Caribbean Border have remained
under-resourced. Highlighting the truly interconnected nature
of this threat, pressure brought to bear along the U.S.-Mexico
Border has resulted in traffickers increasingly using routes
through the Caribbean.
Members of this committee are correct to be concerned about
stopping drug trafficking in the Caribbean, as up to 80 percent
of the cocaine coming through Puerto Rico reaches cities across
the Eastern Seaboard. This is truly a National security issue.
The Federal Government must take responsibility for
guaranteeing the safety and security of America's Caribbean
Border, the safety and security of more than 4 million U.S.
citizens who live there, and the safety and security of State-
side communities impacted by the flow of drugs and violence.
Puerto Rico is facing many challenges, and we are showing
real and genuine accountability to confront those challenges.
As Governor, I refuse to shy away from making tough decisions
that ultimately affect the safety and quality of life of my
constituents. But I firmly believe the Federal Government must
make an equally strong commitment. As a U.S. territory, we
receive disproportionately less Federal funding for law
enforcement efforts when compared to States with similar
populations and fewer responsibilities affecting National
security. Similar to the fiscal challenges we face at the
Federal level, Puerto Rico has faced deficit and budget
challenges. I have made it clear to my entire team that
everyone is expected to create a more efficient, effective, and
accountable government. We have made great advances toward
putting Puerto Rico on the right path. But when we dedicate all
of our State-level resources to law enforcement, a sacrifice
that we continue to make alone, it places too much of a burden
on my constituents.
Since I took office in 2009, I have been working to address
this very serious drug-trafficking problem and the violence it
spawns. I have been working to bring about positive change in
our State police and criminal justice system that have
traditionally faced significant challenges due to years of
underfunding, inefficiencies, lack of sufficient oversight, and
administrative neglect.
The government of Puerto Rico is implementing a
comprehensive effort to improve the professionalization of the
Puerto Rico Police, one of the Nation's largest police forces,
with approximately 17,000 officers. We are addressing the issue
through multiple fronts, including training partnerships with
the local police force, purchasing new equipment, improving
precinct conditions, and increasing officers' salaries, as well
as improving access to modern communications and technology.
The reform process is focused on changing and improving the
police policies and practices of the Puerto Rico Police in all
aspects of the organization's culture, operations, structure,
investigations, education, and services. The goal is to make
the Puerto Rico Police a model for Constitutional policing.
Steady progress has been made and will continue toward that
objective. The U.S. Department of Justice's Civil Rights
Division's investigation into the Puerto Rico Police, which
began before I took office, revealed brewing issues for our law
enforcement. My predecessor regrettably ignored these
violations, and it has taken time to make the improvements that
I expect. But we have taken swift and decisive action to reform
the State police. Without excuses or delays, we have assumed
responsibility and initiated a full-fledged reform effort to
not only help officers do their jobs better and within the
framework of Constitutional policing, but to restore public
confidence and trust in the police and the State justice
system.
We established an independent monitor who evaluated the
policies, procedures, and practices of the department. We
established a new use of force policy and have trained over
14,000 officers in that policy. We have improved and expanded
officer training at the police academy for both new recruits
and veteran officers, and we have improved officer supervision.
I appointed Hector Pesquera, who is here with me today, as
the new superintendent of the Puerto Rico Police.
Superintendent Pesquera is uniquely qualified to lead the
reform efforts. He began his successful 27-year career with the
FBI and has come back to Puerto Rico to help combat crime and
strengthen collaboration between the police, local communities,
and the Federal Government. To help empower our citizens, we
partnered with a local not-for-profit Basta Ya, which means
``enough is enough.''
With me here today are the founders of Basta Ya, Luis and
Marie Romero, who lost their son just over a year ago because
of a violent crime, as you just mentioned. Thank you for being
here with us today. This family has led by the powerful example
of turning their personal tragedy into a community effort to
help the police fight violent crime. Basta Ya developed a
service for people to anonymously file police reports using on-
line resources and mobile applications. This collaboration
within the legal communities has helped our police gather
valuable intelligence in locating the scene of a crime and
apprehending criminals.
My administration has expended considerable resources to
reform and strengthen the police by bringing in a
multidisciplinary team of law enforcement and policing experts,
who have been working on this issue for over 2 years. We are
making real progress in improving our police department, which
we believe is a moral imperative to which my administration is
fully committed.
To directly attack the drug problem and assist in
protecting our borders, my administration has established
several significant initiatives. Let me go over them very
quickly. Strike the Drugpoint is a joint operation led by the
Puerto Rico Police and prosecutors from our State organized
crime unit. This State strike force has dismantled 741 drug
retail points throughout Puerto Rico, obtaining a very high
conviction rate. We have also gone after the drug trafficking
network supply chain. Our Strike the Supplier force allows
State law enforcement officials to actively go after drugs and
weapons entering our harbors and airports. Our Group of 100
initiative is comprised of officers specializing in narcotics,
highway patrols, vehicle thefts, and tactical operations. The
multidisciplinary units work collaboratively to identify,
investigate, disrupt, and dismantle drug retail points.
We also instituted a cargo container scanning and
inspection program to identify contraband, drugs, and weapons
entering illegally through our maritime ports. After much
effort, we recently reached agreement with the U.S. Customs and
Border Protection enabling us to scan in-bound international
cargo as well. We are now scanning more than 90 percent of in-
bound cargo containers arriving at the port of San Juan, the
island's largest shipping port, with a goal of scanning up to
100 percent of in-bound cargo by later this summer.
While these border security measures have been essential, I
realize that we cannot arrest our way out of this problem. That
is why my administration is also implementing treatment and
prevention services to reduce the threats that these dangerous
drugs pose to my constituents. My administration has partnered
with many not-for-profits to treat as many drug abusers and
addicts as possible.
We have implemented a CeaseFire pilot program in Puerto
Rico based on a successful Chicago model to help treat drug
addicts and criminals. CeaseFire creates a neighborhood-by-
neighborhood strategy to end the cycle of violence and restore
peace. Community leaders and local citizens learn how to
partner with our public safety leaders and become first
responders. We always know what is happening in our
neighborhoods. Now we can actually do something about it. It is
the first step towards taking back our streets.
As an island, we need to be more effective as first
responders within our communities. We must prevent violent acts
from occurring. We must identify the people who are most
vulnerable. In many disadvantaged areas of Puerto Rico, no
different than in many of your districts, gangs are
brainwashing our children, leading them down a deadly path. We
have a responsibility to rescue our children from the deadly
influence of gang violence. We need to give our children the
positive influences they need to become responsible citizens.
CeaseFire is not only teaching responsibility; it is saving
lives. We also work closely with youth through the Value Your
Life program, Valora Tu Vida, which allows at-risk youth to
interact with reformed convicts and victims of crime.
It is important that they actually see the faces of the
people affected by drugs and violence, and increase their
commitment to a higher set of values and ethical behavior. We
have also worked with the renowned Josephson Institute of
Ethics to implement the Character Counts program throughout our
public schools. It is an opportunity to underscore the values
we want to pass on to our children and has helped reduce
bullying, fighting, and dropouts, as well as improvement in
academic performance. That is real progress. That is something
that every Puerto Rican family should be proud of. After all,
we are all in this together.
Through a unique government, community, and faith-based
collaboration we implemented the most successful weapons
amnesty program in Puerto Rico's history. In a period of just
90 days, 1,966 illegal firearms and over 100,000 rounds of
ammunition were taken off our streets. With entire communities
working together, we proved that you can get weapons off the
streets and out of the hands of those considering a life of
crime. I am proud of their decision. For those who did not
surrender their illegal weapons, we will not allow them to
threaten our quality of life. Our police officers are working
closely with every community so that we can all take
responsibility in protecting our neighborhoods.
Puerto Ricans will continue to show strength on public
safety during a referendum this August. We hope to amend our
territorial constitution to limit suspected criminals from
being released on bail. This provision would apply to all
suspects accused of committing murder that involves
premeditation, stalking, home robbery, kidnapping, sexual
assault, firing a weapon in public and from a moving vehicle,
and when the victim is an officer on duty. Passing this
amendment will address the Achilles heel of Puerto Rico's
criminal justice system, which for decades has allowed violent
criminals arrested on murder charges to walk right back out
onto the streets and kill more innocent civilians, including
potential witnesses. This situation is simply unacceptable.
I plan to do everything I can to support this referendum in
order to better protect Puerto Rican families. Since coming
into office, my administration has worked hard to reestablish
and improve relationships between State and Federal law
enforcement agencies. I have personally hosted regular meetings
to bring together Federal and State law enforcement leadership
on the island, and we have success stories to prove that this
partnership can work. The first big breakthrough was in
February 2010, with the signing of a memorandum of
understanding between the U.S. District Attorney's Office, the
Puerto Rico Department of Justice, and the Puerto Rico Police
on cases involving concurrent State and Federal jurisdiction.
This MOU laid out the investigative and prosecutorial
responsibilities of drug trafficking and violent crime cases.
Puerto Rico has also detailed over 260 State police
officers to work directly in Federal law enforcement agencies
through joint task forces, with the officers detailed to the
FBI, DEA, ATF, ICE, CBP-Air and Marine, TSA, U.S. Marshals,
U.S. Postal Inspector, IRS, and other Federal agencies. We also
worked with Federal authorities to create an illegal firearms
and violent crimes strike force that operates in five of the
island's 13 police regions. As of this May, the strike force
has already yielded 336 arrests, of which 314 suspects were
being detained without bail. This is in large part responsible
for the over 20 percent reduction in murders this year over
last for the zones covered by this agreement.
The proof of these successes is in the statistics. In 2011
alone, the task forces arrested over 1,800 individuals, of whom
more than 170 were illegal immigrants. They also seized close
to $95 million in illegal drugs, over 800 illegal firearms, and
5,000 rounds of ammunition, and over $27 million in vehicles,
boats, airplanes, and real estate being used by criminal
networks.
We also collaborated successfully with Federal law
enforcement officials in Puerto Rico. They have performed
exceptionally under very challenging circumstances. They are
often doing their work with fewer resources, less manpower,
less funding, and less strategic support from Federal law
enforcement officials in Washington than their counterparts in
other U.S. jurisdictions. While I applaud their perseverance,
they lack the appropriate resources to overcome the homeland
security threats that pervade this Nation, including in our
U.S. territories. That is the primary role of the Federal
Government, yet it is clear that over 4 million U.S. citizens
in the Caribbean territories are being left underprotected. We
have observed that there is a clear mismatch between the level
of drug-related violence occurring along the U.S.-Caribbean
Border and the size and scope of Federal response.
When American lives are in danger, we have a moral
obligation to protect them wherever they may be. I know that
you share my belief. I need your commitment to act on this
principle. Unfortunately, the limited attention and leadership
from Washington's Federal law enforcement agencies suggest that
Puerto Rico and the U.S. Virgin Islands are lower priorities.
We are not just talking about the value of life. We are talking
about American lives. Puerto Ricans have fought and died for
this country in many wars. We have that honor, we take that
honor seriously, and we expect the same principle that compels
us to fight for this Nation will also persuade Federal law
enforcement officials to aid their fellow Americans in Puerto
Rico and the USVI. This lack of sufficient attention is most
blatantly evidenced by the absence of any kind of comprehensive
interagency strategy by the Federal Government to counteract
the drug violence and National security threats these criminal
networks generate along the U.S.-Caribbean Border, threats that
range from laundering illicit drug proceeds to trafficking of
illegal weapons, threats that involve other criminal
enterprises such as human trafficking, prostitution, identity
fraud, and financial crimes. All these crimes chip away at our
Nation's security and undermine the safety of our citizens.
Even worse, we know some of the drug trafficking organizations
operating through Puerto Rico have had ties to narco-guerilla
organizations such as the Revolutionary Armed Forces of
Colombia, or FARC. FARC has been known to demand payments from
trafficker networks in exchange to help transporting drugs from
Colombia to Venezuela. In a recent example, the DEA dismantled
a well-oiled distribution chain that between 2006 and 2011
moved close to 4,000 kilos of cocaine from Guatemala, Honduras,
Ecuador, Colombia, Venezuela, Tortola, Antigua, and the British
Virgin Islands to Puerto Rico using planes and luxury cruisers.
As part of their operation, this network had an agreement
with FARC where the narco-guerillas received $1,000 for every
kilo of cocaine that was transported to the Valle de Apure in
Venezuela. Once the cocaine was on Venezuelan soil, the group
would ship it via airplane to Caribbean waters, where the drugs
were picked up by luxury ships bound for Puerto Rico. The
majority of the cocaine was sent to Miami and New York. We
cannot allow this threat to take hold along the U.S.-Caribbean
Border, where drug-trafficking networks already have a clearly
established supply chain to the States. Because God forbid,
this established network could be bought for the right price
and used to bring in terrorists that can harm or kill American
citizens, we must act with greater urgency.
Up to now, the Federal Government's domestic efforts have
focused on securing the Southwest and the Northern Border. As
these efforts yield results, trafficking is inevitably being
pushed back to other points of entry, including the well-known
Caribbean drug transshipment routes that were so prominent in
the 1980s. In the absence of any significant Federal law
enforcement surge along the U.S.-Caribbean Border, the
unintended consequence has been an increase in the
vulnerability of both U.S. territories to the drug trade. The
impact the drug trade is having on the levels of violence in
Puerto Rico and USVI are disproportionately high even when
compared to the Southwest Border States. That violence is
impacting U.S. citizens in our Territories who deserve the same
protection from the Federal Government as their family members
who live in Texas, California, New York, Florida, or any State
of the Union. Yet Puerto Rico and the USVI were barely
mentioned in the annual National Drug Control Strategy.
To make matters worse, Puerto Rico and the USVI are not
including in a number of critical Federal data sources on drug
use and crime. This is vital data for the National Drug Control
Strategy and for measuring the effectiveness of drug control
programs. So why was Puerto Rico excluded from over 50 percent
of the surveys, studies, data sets, reports, and programs in
the 2011 National Drug Control Strategy Data Supplement? The
exclusion contradicts Federal reports that performance
statistics on the islands were outstanding. It appears that
Federal officials in Washington are selectively including us
when it benefits them, while excluding us when it tarnishes any
National statistics. But let us not fool ourselves. By
excluding Puerto Rico and the USVI, the Federal Government does
a disservice to the U.S. citizens they have sworn to serve and
protect. They deny us vital Federal resources, making it
convenient for policymakers to ignore the deeper challenges we
face. Vacancies at essential Federal law enforcement agencies
are a key challenge we face. According to the information
provided by the agencies themselves, DEA has a vacancy rate of
12 percent and ICE has a vacancy rate of 15 percent, and ATF
has a staggering vacancy rate of 39 percent. An insufficient
number of CBP agents are available to patrol the eastern coast
of the island, which has been a growing target for traffickers.
It is hard to imagine Mayor Michael Bloomberg allowing the New
York Police Department to have a 39 percent vacancy rate on New
Year's Eve, yet that is exactly what is happening in Puerto
Rico. We are short of Federal agents during the busiest time of
the year. Ask yourselves, does this feeble effort represent the
Federal Government's commitment to National security? Does this
accurately reflect the challenges we face in helping to defend
this Nation? Why does Puerto Rico receive less Federal funding
for law enforcement purposes than State-side jurisdictions? Why
in the Attorney General's multiple visits to the Caribbean he
has not once visited Puerto Rico? Again, there are 3.7 million
American citizens in Puerto Rico. They deserve his attention.
They deserve your attention. They will always have my
attention.
We may not have a vote here, but I need you to hear our
voices. We cannot afford to have the U.S.-Caribbean Border
underprotected. The security risk is too great, and the
consequences too severe. The Government of Puerto Rico is doing
everything it can to increase public safety, but it is a
National security issue that must be confronted. We simply
cannot do it alone. Unless Washington acts, these criminal
organizations will only strengthen their foothold in the
region.
I have repeatedly called on the President and senior
Federal law enforcement officers to establish a U.S.-Caribbean
Border Initiative to be led by the White House and the Office
of National Drug Control Policy. All I am seeking from the
Federal Government is the same level of commitment that has
been provided to combat the drug trade along the Southwest and
the Northern Borders. This is not about funding a program. This
is about saving American lives. I refuse to bury another one of
my constituents knowing that the Federal Government considers
itself another bystander. That is not good enough for me, and
it is not good enough for my constituents. I have to look into
the thousands of faces of families who have lost loved ones on
account of drug violence. We all know someone personally who
has lost a loved one due to these unforgivable acts. I will not
allow these Americans to die unnoticed, and neither should you.
You may not listen to me, but at least listen to the stories of
victims who perished far too soon: Sisters losing their
brothers, children losing their moms, even fathers and mothers
losing their sons, like Luis and Marie Rodriguez Romero. It is
a tragedy whenever a child buries a parent, but it is against
humanity when a parent must bury a child. Enough is enough.
We must bolster resources, funding, and staffing of Federal
law enforcement agencies throughout Puerto Rico that remain
understaffed and underfunded compared to their State-side
counterparts. We must fill Federal agency vacancies. We must
ensure that Customs and Border Protection has the resources to
inspect cargo at Puerto Rico's ports and patrol our borders. We
must provide on-the-ground assistance to train Puerto Rico
Police to deal with the security challenges created by
transnational criminal organizations operating in the region.
We must ensure Puerto Rico is included in National border
security and drug trafficking strategies. Right now, Puerto
Rico is serving as the last line of defense. We need help
fighting this battle along the Caribbean Border to protect U.S.
citizens there being buffeted by violence and to prevent the
fight from spreading further onto the streets of the U.S.
mainland. We cannot win without the active involvement of the
Federal Government to secure all of our Nation's borders. Our
constituents deserve and expect no less. Thank you, Mr.
Chairman and distinguished Members of the committee for having
me here today. I will be happy to answer any questions you may
have.
[The statement of Governor Fortuno follows:]
Prepared Statement of Hon. Luis G. Fortuno
June 21, 2012
welcome
Chairman McCaul, Ranking Member Keating, and distinguished Members
of the subcommittee, I appear before you today to address the building
National security threat posed by transnational drug-trafficking
organizations infiltrating our country and endangering the safety of
over 4 million U.S. citizens living along the U.S.-Caribbean Border.
I would like to thank Chairman McCaul for his leadership in calling
this hearing and bringing attention to this growing security challenge
that has been overlooked in Washington for too long. Because as you
well understand, Mr. Chairman, this is not just about the safety and
security of the U.S. citizens of Puerto Rico and the U.S. Virgin
Islands, but also intricately linked to the safety of U.S. citizens
throughout the mainland.
current situation
Today, Puerto Rico is serving as the first line of defense in the
Caribbean to prevent drugs and violence from reaching the U.S.
mainland. Drug trafficking cartels operating from Colombia and through
transit countries like Venezuela and the Dominican Republic are
sparking a battle for drug turf in Puerto Rico and unleashing a brutal
wave of violence in their wake.
Let me paint a picture of what we are facing. Last year, at a mall
just outside of San Juan, a violent conflict between two drug dealers
over the control of nearby drug retail points resulted in a bloody
shooting that left one of the dealers dead and several innocent
bystanders wounded.
At 5 o'clock in the afternoon, in the middle of the food court
crowded with dozens of adults and children, 21-year-old Luis Daniel
Valdez Melendez opened fire, shooting rival Emmanuel ``Manny'' Zapata
Cazo, 22 years old, nine times in the head and torso with a .40 caliber
handgun.
Several in the crowd were struck by stray bullets during the melee.
One of the victims was a 14-year-old girl, a ninth-grade high-school
student who later testified at the shooter's trial. She had arrived at
the mall with her grandfather and a friend from school, and was waiting
in the food court to meet up with her brother.
A mother, who was in the food court as well with her 7-year-old
child, was struck and rushed to the hospital for, thankfully, life-
saving medical care.
After the shooting, the perpetrator fled the scene and Puerto Rico.
In July, he was extradited from the State of New York where he had
fled, was tried and convicted and is now serving a 199-year sentence
for first-degree murder.
What stands out starkly is the callous audacity of this crime--
committed at a crowded mall with dozens of witnesses, with the play-by-
play caught on security cameras, and absolutely no thought given to the
innocent.
Unfortunately, this is but one example of the blatant and unbridled
drug-related violence that is happening on U.S. soil right now and
threatening the lives of over 4 million U.S. citizens residing in
Puerto Rico and the U.S. Virgin Islands.
The U.S. Caribbean territories of Puerto Rico and the U.S. Virgin
Islands are America's Caribbean Border. Because of their geographic
proximity to drug producing and drug transiting countries in South
America and the Caribbean, notably Colombia, Venezuela and the
Dominican Republic, the U.S.-Caribbean Border is increasingly being
used as a transshipment zone, primarily for cocaine but also heroin,
destined for mainland U.S. markets.
As a U.S. territory, once these drugs enter Puerto Rico, they are
easily delivered to the States, through commercial airlines and
container ships, without having to clear Customs or other heightened
scrutiny.
An estimated 70 to 80 percent of the Colombian cocaine reaching
Puerto Rico is then transshipped to U.S. cities across the Eastern
Seaboard, from Florida to New York, according to local and Federal law
enforcement authorities.
Puerto Rico is in turn a destination for illicit drug money and
illegal firearms coming from the U.S. mainland to fortify drug
trafficking networks. The latest High Intensity Drug Trafficking Area
analysis reports that Puerto Rico has also become a money-laundering
destination for large drug-trafficking organizations that place illegal
proceeds into bank accounts in Puerto Rico and then funnel the money--
via wire transfers--to accounts in Asia, Europe, and even the Middle
East.
And recent ATF data confirms that illegal firearms used to commit
crimes in Puerto Rico can be traced back to more than 20 States--with
Florida, Texas, Georgia, and Ohio being the biggest-source States for
2011.
The transnational criminal organizations operating through Puerto
Rico and the States pose an ever-changing threat and are quick to adapt
in our global economy. The reality is that Federal and State law
enforcement have not been able to keep pace with this agile and well-
funded enemy. As a result, the U.S.-Caribbean Border is experiencing a
dramatic upsurge in drug-related crime and violence.
While the U.S. homicide rate has declined substantially in recent
decades, Puerto Rico is experiencing an extraordinary uptick in drug-
related violence. In 2011, Puerto Rico had the highest number of
murders in a single year in all of its history, with 1,136 murders for
a population of approximately 3.7 million people. State law enforcement
officials estimate that close to 80 percent of murders in Puerto Rico
are related to the illegal drug trade.
This has driven Puerto Rico's murder rate to 6 times the National
average and more than twice as high as any State. To put our figures in
context, the Southwest Border State of Texas with 25 million residents
had 1,246 homicides in 2010.
One of the factors escalating drug-related murders is the excess
supply of cocaine that stays on the island in the transshipment
process. This product is often received by local traffickers as in-kind
payments for their role in the drug supply chain leading to lucrative
State-side markets. This form of payment has acted as a catalyst for
brutal competition to control local distribution markets.
As anyone who understands basic economics can tell you, once the
Puerto Rico market reaches saturation, local distributors can either
drop their prices to generate greater demand from their existing
consumer base, or they can eliminate their competition and steal away
their customers. Judging from the levels of trafficker-on-trafficker
violence, these criminals are routinely using intimidation and violence
to gain and retain control of local retail drug markets.
What is also alarming is the recent increase in the ruthlessness of
these violent crimes and the rising incidents of innocent bystanders
being caught in the crossfire. A horrific example of this is the well-
known ``Tombola Massacre,'' which occurred in October 2009. Members of
a drug ring used rifles and automatic weapons to attack a rival
trafficker at a nightclub in Toa Baja, Puerto Rico, leaving eight
bystanders dead and more than 20 wounded.
These tragedies have not adversely affected Puerto Rico tourism,
partially attributed to our State police dispatching additional
officers to protect high tourism areas. But this situation has greatly
tested our resolve. The government of Puerto Rico is doing everything
within our limited jurisdiction and resources. But we cannot fight this
war alone, nor should we be required to do so.
This is a shared responsibility. The consequences affect us all.
Nearly 30 percent of the illegal drugs coming into the continental
United States come through the Caribbean, making us as important a
border from a defensive standpoint as the U.S.-Mexico Border.
While a strong contingent of Federal law enforcement resources have
justifiably gone to the U.S.-Mexico Border, defenses along the U.S.-
Caribbean Border have remained under-resourced. And highlighting the
interconnected nature of this National security challenge, the pressure
brought to bear along the U.S.-Mexico Border has resulted in
traffickers increasingly using routes through the Caribbean.
Members of this committee are correct to be concerned about
stopping drug trafficking in the Caribbean basin, as up to 80 percent
of the cocaine coming through Puerto Rico reaches cities across the
Eastern Seaboard.
This is truly a National security issue. The Federal Government
must take responsibility for guaranteeing the safety and security of
America's Caribbean Border, the more than 4 million U.S. citizens who
live there, and the State-side communities impacted by the flow of
drugs and the inevitable violence.
government of puerto rico's efforts
Puerto Rico is facing many challenges, and we are showing real and
genuine accountability to confront those challenges. As Governor, I
refuse to shy away from making tough decisions that ultimately affect
the safety and quality of life of my constituents. But I firmly believe
the Federal Government must make an equally strong commitment. As a
U.S. territory, we receive disproportionately less Federal funding for
law enforcement efforts when compared to States with similar
populations and fewer responsibilities affecting National security.
Similar to the fiscal challenges we face at the Federal level,
Puerto Rico has faced significant deficit and budget challenges. I have
made it clear to my entire team that everyone is expected to create a
more efficient, effective, and accountable government. And we have made
great advances toward putting Puerto Rico on the right path. But when
we dedicate all of the State-level resources to law enforcement, a
sacrifice that we continue to make alone, it places too much of a
burden on my constituents.
Since I took office in 2009, I have been working not only to
address this very serious drug-trafficking problem and the violence
against our citizens that it spawns, but also to bring about positive
change in our State police and criminal justice system that have
traditionally faced significant challenges due to years of
underfunding, inefficiencies, lack of sufficient oversight, and
administrative neglect.
puerto rico police
The government of Puerto Rico is implementing a comprehensive
effort to improve the professionalization of the Puerto Rico Police,
one of the Nation's largest police forces with approximately 17,000
officers. We are addressing the issue through multiple fronts,
including training partnerships and enhancements for the local police
force including purchasing new equipment, improving precinct conditions
and increasing officer salaries, as well as improving access to modern
communications and technology.
The reform process is focused on changing and improving the
policies and practices of the Puerto Rico Police in all aspects of the
organization's culture, operations, structure, investigations,
education, and services. The goal is to make the Puerto Rico Police a
model for constitutional policing, and steady progress has been made
and will continue toward that objective.
The U.S. Department of Justice's Civil Rights Division
investigation into the Puerto Rico Police, which began before I took
office, revealed brewing issues with our law enforcement. My
predecessor regrettably ignored these violations, and it has taken time
to make the improvements that I expect. But we have taken swift and
decisive action to reform the State police. Without excuses or delays,
we have assumed responsibility and initiated a full-fledged reform
effort to not only help officers do their jobs better and within the
framework of Constitutional policing, but to restore public confidence
and trust in the police and the State justice system.
Toward this end, we established an independent monitor for the
Puerto Rico Police that evaluated the policies, procedures, and
practices of the department; we've created a Reform and Compliance
Committee; and we established a new use-of-force policy and have
trained over 14,000 officers in that policy. We have worked to improve
and expand officer training at our Police Academy for both new recruits
and veteran officers, and we've improved officer supervision,
instituting a performance- and testing-based promotion system.
I appointed Hector Pesquera, who is here with me today, as the new
Superintendent of the Puerto Rico Police. Superintendent Pesquera is
uniquely qualified to lead the reform efforts. He began his successful
27-year career with the FBI as an agent in Puerto Rico and has come
back to Puerto Rico to help combat crime and strengthen collaboration
between the police, local communities, and the Federal Government.
To help empower our citizens, we partnered with a local non-profit
called, ``Basta Ya,'' which means ``Enough is Enough.'' ``Basta Ya,''
was founded by Luis and Marie Rodriguez Romero, who lost their son just
over a year ago because of a violent crime. This family has led by the
powerful example of turning their personal tragedy into a community
effort to help the police fight violent crime.
``Basta Ya'' developed a service for people to anonymously file
police reports, using on-line resources and mobile applications. This
collaboration with individual communities has helped our police gather
valuable intelligence in locating the scene of a crime and apprehending
criminals.
My administration has expended considerable resources to reform and
strengthen the police by bringing in a multi-disciplinary team of
experts in law enforcement and proper policing practices. This team has
been working for the past 2 years to provide improved protocols and
training to benefit both the police and the communities they serve. We
are making real progress in terms of improving our police department,
which we believe is a moral imperative to which my administration is
fully committed.
But keep in mind that the Puerto Rico Police is operating at a
significant disadvantage when compared to many State-side police
departments. For example, the total annual budget of the Puerto Rico
Police, 17,000 officers serving 3.7 million constituents, is
approximately $800 million. In comparison, the Broward County Sheriff's
Office in Florida, with 3,000 officers serving 1.7 million
constituents, has an annual budget of approximately $700 million.
specific efforts on drug trafficking and border protection
To directly attack the drug problem and assist in protecting our
borders, my administration has established several significant State-
level initiatives. The first initiative is called the ``Strike the
Drugpoint'' (Golpe al Punto), which is a joint operation led by the
Puerto Rico Police in conjunction with 33 prosecutors from the Puerto
Rico Department of Justice's Organized Crime Unit. This ``state strike
force'' has dismantled 741 drug retail points throughout Puerto Rico,
obtaining very high conviction rates.
To help rehabilitate those addicts who are identified during these
operations, we formed another strike force, called ``Helping the
User.''
We have also gone after the drug trafficking networks supply chain.
Our ``Strike the Supplier'' force allows State law enforcement
officials to actively investigate and reduce the amount of drugs and
weapons entering our harbors and airports. Our ``Group of 100''
initiative is comprised of officers with specialized knowledge and
equipment related to narcotics, highway patrols, vehicle theft, and
tactical operations. The multidisciplinary units work collaboratively
to identify, investigate, disrupt, and dismantle drug retail points.
We also instituted a cargo container scanning and inspection
program to identify contraband, drugs, and weapons entering our
territory illegally through our maritime ports. In-bound domestic cargo
containers are scanned with rapid X-ray technology in dedicated truck
lanes before they leave the port and enter the ``stream of commerce''
on our streets.
After much effort, we recently reached an agreement with U.S.
Customs and Border Protection that will allow us to expand our port
security program to include scanning of in-bound international cargo.
This effort is essential, given that a significant amount of Puerto
Rico's interstate and international commerce takes place using maritime
transportation.
After just 1 year of implementing our program, we are now scanning
more than 90 percent of in-bound cargo containers arriving at the Port
of San Juan, the Island's largest shipping port, with a goal of
scanning up to 100 percent of inbound cargo by later this summer.
treatment and prevention efforts
While these border security measures have been essential, I realize
that we cannot arrest our way out of this problem. That's why my
administration is also implementing treatment and prevention services
to reduce the threats that these dangerous drugs pose on our people. My
administration has partnered with many non-profits to treat as many
drug abusers and addicts as possible.
On the prevention side, we have implemented a CeaseFire pilot
program in Puerto Rico called Acuerdos de Paz. The CeaseFire model,
which has been used successfully in major metropolitan areas such as
Chicago, has been successfully adapted to help treat drug addicts and
criminals. CeaseFire creates a neighborhood-by-neighborhood strategy to
end the cycle of violence and restore peace. Community leaders and
local citizens learn how to partner with our public safety leaders and
become first responders. We always know what's happening in our
neighborhoods--now we can actually do something about it. It's the
first step toward taking back our streets.
As an Island, we need to be more effective as first responders
within our communities. We must prevent violent acts from occurring. We
must identify the people who are most vulnerable. In many disadvantaged
areas of Puerto Rico, no different than in many of your districts,
gangs are brainwashing our children, leading them down a deadly path.
We have a responsibility to rescue our children from the deadly
influence of gang violence. We need to give our children the positive
influences they need to become responsible citizens. CeaseFire is not
only teaching responsibility, it is saving lives.
We also launched a youth-focused initiative called Value Your Life
(Valora Tu Vida), led by the Puerto Rico Department of Justice and
providing at-risk youth with workshops and facilitated dialogues with
both reformed convicts and victims of crime. The goal is to strengthen
these young people's value of both their own lives and the lives of
others, and increase their commitment to ethical behavior.
We have also worked with the renowned Josephson Institute of Ethics
to adapt and implement the Character Counts program throughout our
public schools. It's an opportunity to underscore the values we want to
pass on to our children, and it is seamlessly integrated into school
curriculums and learning environments. We have already seen a
noticeable reduction in bullying, fighting, and dropouts, as well as an
improvement in academic performance. That is real progress. That is
something that every Puerto Rican family should be proud of. After all,
we're in this together.
local efforts making a difference
Through the collaboration of government as well as community and
faith-based organizations, we implemented the most successful weapons
amnesty program in Puerto Rico's history. In a period of just 90 days,
1,966 illegal firearms and 100,129 rounds of ammunition were taken off
our streets.
With entire communities working together, we proved that you can
get weapons off the streets and out of the hands of those considering a
life of crime. I am proud of their decision. And for those who did not
surrender their weapons, we will not allow them to threaten our quality
of life. Our police officers are working closely with every community,
so that we can all take responsibility in protecting our neighborhoods.
Puerto Ricans will continue to show strength on public safety
during a referendum this August. We hope to amend our territorial
Constitution to limit suspected criminals from being released on bail.
This provision would apply to all suspects accused of committing
premeditated murder, as well as murder that involves stalking, home
robbery, kidnapping, sexual assault, firing a weapon in public or from
a moving vehicle, and when the victim is an officer on duty. Passing
this amendment will address the Achilles heel of Puerto Rico's criminal
justice system, which for decades has allowed violent criminals who
have been arrested on murder charges to walk right back out onto the
streets and kill more innocent civilians, including potential
witnesses. This situation is simply unacceptable. And I plan to do
everything I can to support this referendum, in order to better protect
Puerto Rican families.
collaboration with federal authorities
Since coming into office, my administration has worked hard to re-
establish and improve relationships between State and Federal law
enforcement agencies. I have personally hosted regular meetings to
bring together Federal and State law enforcement leadership on the
Island, and we have the success stories to prove that this partnership
can work.
The first big breakthrough was in February 2010 with the signing of
a Memorandum of Understanding (MOU) between the U.S. District
Attorney's Office, the Puerto Rico Department of Justice, and the
Puerto Rico Police on the referral and handling of cases involving
concurrent State and Federal jurisdiction. This MOU laid the foundation
for the investigative and prosecutorial responsibilities in a range of
drug trafficking and violent crime cases.
Puerto Rico has also detailed over 260 State police officers to
work directly in Federal law enforcement agencies through joint task
forces, with officers detailed to the FBI, DEA, ATF, ICE, CBP-Air and
Marine, TSA, U.S. Marshalls, U.S. Postal Inspector, IRS, and other
Federal agencies.
We also worked with Federal authorities to create an ``Illegal
Firearms and Violent Crime Strike Force'' that operates in five of the
Island's 13 police regions. As of this May, the strike force has
already yielded 336 arrests of which 314 suspects were being detained
without bail. This is in large part responsible for the over 20%
reduction in murders this year over last for the zones covered by the
agreement.
The proof of the success of these joint Federal/State task forces
is in the statistics. In 2011 alone, the task forces arrested over
1,800 individuals of whom more than 170 were illegal immigrants. They
also seized close to $95 million in illegal drugs, over 800 illegal
firearms and 5,000 rounds of ammunition, and over $27 million in
vehicles, boats, airplanes and real estate being used by criminal
networks.
Other joint operations include the Puerto Rico National Guard's
(PRNG) Counterdrug Program, which is funded by the Department of
Defense through the National Guard Counter-Drug Program. The PRNG
dedicates approximately 76 guardsmen to the program from its Army and
Air units. These soldiers and airmen work to operate the fixed radar
system and receive data feeds from the mobile radars and the Radar Over
the Horizon (ROTHR).
The PRNG has also provided support to U.S. Counterdrug efforts in
the Dominican Republic and Honduras, nations that are part of the U.S.-
sponsored Central American Regional Security Initiative (CARSI) and the
Caribbean Basin Security Initiative (CBSI), through which the Federal
Government has provided over $360 million and $139 million respectively
in foreign assistance.
Our PRNG forces are more than willing to do their part to support
National security efforts in other States and abroad. But given the
level of drug-related crime in our own territory, it is difficult to
understand why the Federal Government leadership would not ensure their
agencies on the Island have the needed resources.
challenges facing federal authorities in pr
We have collaborated successfully with Federal law enforcement
officials in Puerto Rico. They have performed exceptionally under very
challenging circumstances. They are often doing their work with fewer
resources, less manpower, less funding, and less strategic support from
Federal law enforcement officials in Washington than their counterparts
in other U.S. jurisdictions. While I applaud their perseverance, they
lack the appropriate resources to overcome the homeland security
threats that pervade this Nation, including in our U.S. territories.
That's the primary role of the Federal Government. Yet, it is clear
that over 4 million U.S. citizens in the Caribbean territories are
being left under-protected.
We have observed that there is a clear mismatch between the level
of drug-related violence occurring along the U.S.-Caribbean Border and
the size and scope of the Federal response. When American lives are in
danger, we have a moral obligation to protect them wherever they may
be. I know that you share my belief. And I need your commitment to act
on this principle. Unfortunately, the limited attention and leadership
from Washington's Federal law enforcement agencies suggests that Puerto
Rico and USVI are lower priorities.
We're not just talking about the value of life. We're talking about
American lives. Puerto Ricans have fought and died for this country in
many wars. We take that honor seriously. And we expect the same
principle that compels us to fight for this Nation will also persuade
Federal law enforcement officials to aid their fellow Americans in
Puerto Rico.
This lack of sufficient attention is most blatantly evidenced by
the absence of any kind of comprehensive interagency strategy by the
Federal Government to counteract the drug violence and National
security threats these criminal networks generate along the U.S.-
Caribbean Border. Threats that range from laundering illicit drug
proceeds to trafficking of illegal weapons. Threats that involve other
criminal enterprises such as human trafficking, prostitution, identity
fraud, and financial crimes. All these crimes chip away at our Nation's
security and undermine the safety of our citizens.
Even worse, we know some of the drug trafficking organizations
operating through Puerto Rico have had ties to narco-guerilla
organizations, such as the Revolutionary Armed Forces of Colombia (or
FARC), which has been known to demand payments from trafficker networks
in exchange for help transporting drugs from Colombia to Venezuela on
their way to Puerto Rico and then the States. These are the same narco-
guerillas that the Federal Government has sought to defeat by investing
close to $8 billion in foreign assistance through Plan Colombia, a
decade-long effort to help the Colombian government in its fight
against drug producers and traffickers.
In a recent example, the Drug Enforcement Administration (DEA)
dismantled a well-oiled distribution chain that between 2006 and 2011
moved close to 4,000 kilos of cocaine from Guatemala, Honduras,
Ecuador, Colombia, Venezuela, Tortola, Antigua, and the British Virgin
Islands to Puerto Rico using planes and luxury cruisers. As part of
their operation, this network had an agreement with the 10th division
of the Colombian leftists guerrilla group FARC where the narco-
guerrillas received $1,000 for every kilo of cocaine that was
transported to the Valle de Apure in Venezuela.
Once the cocaine was on Venezuelan soil, the group would ship it
via airplane to waters close to Tortola and Antigua, where the drugs
were dropped and picked up by luxury ships bound for Puerto Rico.
According to the charges, some cocaine remained in Puerto Rico while
the majority was sent to Miami and New York.
As William F. Wechsler, Deputy Assistant Secretary of Defense for
Counternarcotics and Global Threats, affirmed in a recent irregular
warfare summit sponsored by the Institute for Defense and Government
Advancement, the convergence of crime, terrorism, and insurgency and
its threat to U.S. National security is a growing concern for the
Defense Department.
In 2011, President Barack Obama issued a Strategy to Combat
Transnational Organized Crime declaring these organizations a National
security threat. The strategy also noted the complex and in some places
opaque relationships developed among criminal organizations, terrorist
groups, and insurgent movements, which points to the likelihood that
more terrorist organizations are using criminal mechanisms to support
themselves and more criminal organizations are using the tactics of
terrorist organizations. As Director of National Intelligence James
Clapper recently testified, ``terrorists and insurgents will
increasingly turn to crime and criminal networks for funding and
logistics, in part because of U.S. and Western success in attacking
other sources of their funding.''
We cannot allow this threat to take hold along the U.S.-Caribbean
Border where drug trafficking networks already have a clearly
established supply chain to the States. Because God forbid, this
established network could be bought for the right price and used to
bring in terrorists that can harm or kill American citizens. We must
act with greater urgency.
Up to now, the Federal Government's domestic efforts have focused
on securing the Southwest and Northern Border by surging manpower,
technology, and resources. This is completely necessary given the U.S.-
Mexico Border serves as a primary point of entry for illegal drugs and
immigrants into the United States, and the Northern Border is one of
the longest continuous borders in the world. These domestic efforts
have been complemented by U.S. foreign policy initiatives with the
investment of billions of dollars in foreign assistance to Mexico,
Central America, and Caribbean nations, through the Merida Initiative,
the Central American Regional Security Initiative (CARSI), and the
Caribbean Border Security Initiative (CBSI). More than $1.6 billion has
been appropriated for the Merida Initiative alone. However, as these
efforts yield results, making it harder and costlier for drug-
trafficking organizations to use the Southwest Border, this inevitably
pushes traffic back to other points of entry, including the well-known
Caribbean drug transshipment routes that were so prominent in the
1980s.
The unintended consequence of these U.S. domestic and foreign
policies is that, in the absence of any significant Federal law
enforcement surge along the U.S.-Caribbean Border, there has been an
increase in the vulnerability of both territories to the pressures of
the drug trade and transnational criminal organizations.
The impact that those drugs are having on the levels of violence in
Puerto Rico and USVI are disproportionately high even when compared to
the Southwest Border States. That violence is impacting U.S. citizens
in our territories who deserve the same protection from the Federal
Government as their family members who live in Texas, California, New
York, Florida, or any other State of the Union.
Yet Puerto Rico and the USVI are barely mentioned in the annual
National Drug Control Strategy produced by the White House's Office of
National Drug Control Policy (ONDCP). To make matters worse, when we
were included in this year's strategy, it was one passing mention in a
section on the Caribbean Basin Security Initiative (CBSI), a foreign
assistance program which Puerto Rico, as a U.S. jurisdiction, is not
even eligible to participate.
Further, Puerto Rico and USVI are not included in a variety of
critical Federal data sources on drug use and crime, most notably the
National Survey on Drug Use and Health. This is a critical oversight,
given this data is used to develop the National Drug Control Strategy,
and to measure the effectiveness of drug control programs. So why was
Puerto Rico excluded from over 50% of the surveys, studies, data sets,
reports, and programs included in the 2011 National Drug Control
Strategy Data Supplement? The exclusion contradicts Federal reports
that performance statistics on the Island were outstanding.
It appears that Federal officials in Washington are selectively
including us when it benefits them while excluding us when it tarnishes
any National statistics.
But let us not fool ourselves. By excluding Puerto Rico and the
USVI from these National statistics, the National Drug Control
Strategy, and other plans, the Federal Government does a disservice to
the U.S. citizens they have sworn to serve and protect. They deny us
vital Federal resources, making it convenient for policymakers to
ignore the deeper challenges we face.
It's also become clear that Federal law enforcement agencies in
Puerto Rico lack sufficient aircraft and maritime units. The Coast
Guard currently does not have any fixed-wing coastal patrol airplanes
permanently stationed in Puerto Rico. Although fixed-wing aircraft
stationed in neighboring regions are used for interdiction missions in
Puerto Rico, these aircraft cannot respond quickly to incidents in
Puerto Rico.
One of the significant challenges we face is vacancies in key
Federal law enforcement agencies on the Island. The number of
authorized positions is too low, and the number of vacancies at those
agencies is too high. According to information provided by the agencies
themselves, ATF has a vacancy rate of 39%, DEA has a vacancy rate of
12%, and ICE has a vacancy rate of 15%. And we have been advised that
due to lack of personnel, an insufficient number of CBP agents are
available to patrol the eastern coast of the Island, which has been a
growing target for traffickers.
These are just some examples of what appears to be a pattern of
neglect by top-level Federal authorities.
what can federal authorities do to secure the u.s.-caribbean border?
The Government of Puerto Rico is doing everything it can to
increase public safety but this is a National security issue that must
be confronted.
We simply cannot do it alone. Unless Washington acts, these
criminal organizations will only strengthen their foothold in the
region.
I have repeatedly called on the President and senior Federal law
enforcement officials to establish a U.S.-Caribbean Border Initiative
to be led by the White House and the Office of National Drug Control
Policy. All I am seeking from the Federal Government is the same level
of commitment that has been provided to combat the drug trade along the
Southwest and Northern Borders.
We must bolster resources, funding, and staffing of Federal law
enforcement agencies throughout Puerto Rico that remain under-staffed
and under-funded compared to their State-side counterparts.
We must fill Federal agency vacancies.
We must ensure the Customs and Border Protection has the resources
to carry out cargo container scanning at Puerto Rico's ports and to
patrol our borders.
We must provide on-the-ground assistance to train Puerto Rico
Police to deal with the security challenges created by transnational
criminal organizations operating in the region.
We must ensure Puerto Rico is included in National border security
and drug trafficking strategies.
Right now, Puerto Rico is serving on the front lines. We need help
fighting this battle along the Caribbean Border, to protect the U.S.
citizens there being buffeted by violence and to prevent the fight from
spreading further onto the streets of the U.S. mainland.
We cannot win without the active involvement of the Federal
Government to secure all of our Nation's borders. Our constituents
deserve and expect no less.
Thank you, Mr. Chairman, and distinguished Members of the committee
for having me here today. I would be happy to answer any questions you
may have.
Mr. McCaul. Thank you, Governor, for your strong leadership
on this issue. Thank you for calling this important issue to
the attention of this committee. I think it is an area that has
been overlooked by the Federal Government, as you have
eloquently pointed out.
I wanted to ask you the question, I know you have met or
talked to the President. I know you have met with Secretary
Napolitano, Attorney General Holder. When asked earlier this
month, the Attorney General was asked why the Office of
National Drug Control Policy has a Southwest and Northern
Border Counternarcotics Strategy but does not have a Caribbean
Border Strategy, his response to that was when one looks at the
Caribbean, Puerto Rico, in particular, I think we need a
strategy. So my question to you is: What is the Federal
strategy for the Caribbean region?
Governor Fortuno. At this very moment, as far as we see it,
our State law enforcement agencies are working very closely
together with the local offices of those Federal agencies. But
there is no strategy. At this very moment, actually, that is
exactly what we are asking, that there be a strategy so that
all the resources, existing resources could be brought to bear
to protect what we have called America's Caribbean Border. It
affects American citizens residing both in Puerto Rico and the
U.S. Virgin Islands, but it also affects every American in
every city across America. What we are asking is that there be
a comprehensive interagency strategy for the U.S.-Caribbean
Border Initiative, and that this--actually, this will bring and
bolster resources, funding, and staffing of Federal law
enforcement agencies throughout the region, which are at this
moment, as I mentioned earlier, understaffed, and also will
allow us and ensure that Puerto Rico and the U.S. Virgin
Islands are included in any border security and drug-
trafficking initiatives that at this very moment we are not.
Actually, I will go even further. At this moment, the
Nation has a strategy in the Caribbean with foreign countries.
Since both the USVI and Puerto Rico are part of the United
States, we are excluded from that strategy and those meetings.
By the same token, there is a strategy for the Southwest and
the Northern Borders, but none for the Caribbean Border. Thus,
at this very moment, we fell between the cracks, and we are
nowhere to be found.
Mr. McCaul. So as I understand it, we have a strategy for
the Northern and Southern Borders, but not for what I call the
third border, and that is the Caribbean. There is no Federal
strategy.
Governor Fortuno. Exactly.
Mr. McCaul. I know you have come forward with a plan of
your own in terms of creating one. What would be your top
priorities in that type of strategy and that plan?
Governor Fortuno. Well, first of all, we need to identify
existing resources and be able to create a comprehensive
interagency strategy for the region that includes and
encompasses both the U.S. Virgin Islands and Puerto Rico.
Mr. McCaul. We talk about resources. These are obviously
tough budgetary times, but this is such a critical area. We
have seen a 30 percent increase in narcotics coming through
this region as we seal the Southern Border, and we are seeing
an increase of this flow of trafficking, and yet as you stated,
there is no Federal strategy. What would you need and what
needs to be done in terms of shifting a focus of resources to
Puerto Rico and to the rest of the Caribbean?
Governor Fortuno. This would entail protecting our coasts.
In the case of just Puerto Rico, we have over 300 miles of
coast that has to be protected. As I mentioned earlier, we are
doing what we need to do in terms of all the cargo coming in.
We are handling at this moment 92 percent of the domestic
cargo, with reviewing everything that is in those containers.
We have just entered into an agreement with CBP to be able to
also inspect international cargo. We must make sure that CBP
indeed has the resources, working alongside with us, to be able
to handle that. Otherwise, we will provide the resources. We
don't have a problem with that. Second, we need the resources
to protect our coastline. That will require, for example, fixed
wing airplanes that at this moment operate out of Florida, but
have to cover the Caribbean, which makes little sense, and
vessels as well. The eastern side of Puerto Rico at this very
moment, which is the closest to the USVI, does not have a
vessel, a Coast Guard vessel, permanently operating in that
area. We have seen an upsurge in not just drug trafficking in
the region, but of drug-related violence as well.
Actually, I mentioned one of our joint strike forces with
the Federal Government encompasses working on illegal crimes,
and actually violent crimes with illegal arms. We are expanding
that initiative to two eastern sectors or regions, police
regions because of the upsurge we have noticed in drug
trafficking and violence in that part of the island.
Mr. McCaul. I close just by saying Puerto Rico is part of
the United States. These are American citizens. I believe that
the Federal Government needs to do a better job protecting
them. With that, my time has expired. I now recognize the
Ranking Member.
Mr. Keating. Thank you, Governor, for your testimony. You
mentioned in your testimony the origination points of some of
the drugs that come to Puerto Rico. You mentioned the Colombia
and Venezuela area. As you know, Venezuela in particular does
not allow U.S. Customs to examine baggage, cargo, airplane
passengers, and other things. How is Puerto Rico affected by
Venezuela's refusal to protect global passengers, given the
fact that it is indeed, as you mentioned, that region is a
major drug origination point?
Governor Fortuno. That is an excellent question, because
indeed, we have seen a lot of the drug trafficking coming from
cocaine-producing countries coming through Venezuela and the
Dominican Republic. In the case of Venezuela, to the extent
that there is no cooperation between our Federal Government and
that government, we do have a problem. It is imperative that,
to the extent that we can, we do something about it.
Short of that, however, then what we need is to protect our
coastline, both in the case of Puerto Rico and the U.S. Virgin
Islands, because we know that there are speed boats and small
planes dropping some of that cocaine in our region. It is
actually creating a level of violence that we had not seen
ever.
Mr. Keating. Thank you, Governor.
The Puerto Rican Trust Fund is one income source that is
available without need of Congressional appropriations. The
fund has certainly taken a drop. It dropped from 2010 to 2011,
collections dropped from $95 million to just $65 million. One
of the results of that was the closure of the CBP office in
Puerto Rico. So is there any mechanism of oversight, or is
there any way that you are planning to try and restore or
supplement those funds?
Governor Fortuno. Let me tell you, we are all facing
tremendous fiscal challenges, both at the Federal level and the
State level. I recognize that. I must tell you that part of the
trust fund is supposed to be used by local police forces. We
have, given the pressing needs for a greater presence at the
Federal level in terms of policing and law enforcement, we have
actually agreed to use some of the funding to be used by the
Federal Government. It is something that may not be happening
in other States. But in the case of Puerto Rico, this is our
No. 1 priority. So we don't have a problem with utilizing the
trust fund for those purposes, even if it is being used by the
Federal Government as opposed to the State government.
Mr. Keating. Is there any oversight or means of--what
resulted in that decline, do you know in particular?
Governor Fortuno. Actually, there has been an upsurge in
the number of seizures that we have jointly done in terms of
assets, both real estate assets as well as other assets, like
airplanes and boats and what have you, as well as cash. So I
would not have an answer for that.
But I know at this very moment, our police superintendent
has been--and our attorney general at the State level have been
asking questions of the Federal Government as to what is
happening, and we haven't had any specific answers as of today.
Mr. Keating. Governor, you mentioned some of the programs
that I think really are at the root of dealing with things in
terms of having people get a stake in the community because
that is the way you deal with gangs, and that is the way you
deal with drugs. So I commend you on those programs, and I
commend the families.
You know, in my own State, when we went to change the laws
and the statutes, it was the involvement of victims' families
that moved things and moved things along, and I want to thank
them for their presence here today.
With that, I will now yield back my time.
Mr. McCaul. Thank you.
The Chairman now recognizes the Ranking Member of the full
committee, Mr. Thompson.
Mr. Thompson. Thank you very much, Mr. Chairman.
Again, Governor, welcome to the committee.
I don't think there is anyone on this committee who is not
supportive of providing as many resources as we can humanly and
fiscally support. I am concerned that CBP closed the Air and
Marine Office in San Juan, and I am concerned that so much of
the area around you, for lack of a better term, the assets are
not there. The ones that we claim respond are so far away that
many incidents are just, the interdictions don't occur because
of that.
But I think the other issue for a lot of us, and I want you
to explain it, there have been a number of reports about the
improvements that you are making within the Puerto Rican Police
Department. Explain that to the committee, please.
Governor Fortuno. By all means, and thank you for the
opportunity certainly. When I came into office, none of us knew
about the DOJ investigation. We found out a few months into our
administration, but with no excuses at all or delays, we went
to work. But what I did was I personally met with personnel
from DOJ and asked them, you know, who would you hire if you
were in my position to make sure that we indeed professionalize
our police force and I implement adequate procedures? We hired
those that they recommended. Ever since then, we have taken
swift and decisive action indeed to start changing a culture
that took decades to develop, for lack of proper training, I
would say, and resources.
For example, I will give you an example. Use of force. We
didn't have a use of force policy in the police force. We
developed a use of force policy with the assistance of outside
counsel as I mentioned earlier. We consulted with DOJ, and once
we were on the same page on that one, this is before any report
being issued by DOJ, we started training our police force.
Today, almost will 15,000 of our police men and women have been
already trained on the use of force.
Another topic that is very close to my heart is domestic
violence. Now, at least we felt that our police force was not
properly trained in dealing with that domestic violence, and
perhaps many cases of domestic violence were going unreported
because of that. So we, again, established a policy on that,
and we have trained already over 2,000 police men and women of
our force in all the regions of the island to make sure that
they have, they are sensitive to these cases, and we have also
brought in the municipal police forces to assist us in this in
addition to not-for-profit organizations that indeed are so
helpful in these situations.
I could go on and on and on, but bottom line here is that
there is a moral commitment that I have to indeed make sure
that we provide Constitutional policing to our constituents at
the same time that we provide needed, the needed resources for
our constituents to feel safe at home.
The problem I have today is that no one feels safe at home
unless we do more. We are working very closely with our sister
agencies at the Federal level at the local offices level, but
we don't feel that Washington has understood how serious the
situation is. They need help. We need help as well.
Mr. Thompson. Thank you very much.
Mr. Chairman, I would like to enter into the record another
report referencing the police department there that the
Governor is working to improve.
Mr. McCaul. Without objection, so ordered.*
---------------------------------------------------------------------------
* The document, ``Island of Impunity: Puerto Rico's Outlaw Police
Force,'' American Civil Liberties Union, has been retained in committee
files and is available at http://www.aclu.org/human-rights/island-
impunity-puerto-ricos-outlaw-police-force.
---------------------------------------------------------------------------
Mr. Thompson. I yield back the balance.
Mr. McCaul. The Chairman now recognizes the gentleman from
Missouri, Mr. Long.
Mr. Long. Thank you, Mr. Chairman, and I thank you,
Governor, for being here and also the family of the victim.
Really, really your presence here means a lot because it really
helps when you put a name and a face to these stories.
Statistics are statistics. You know when you sit here all day
and talk about how many murders there are, but until you put a
name and a face to them, it really doesn't have any teeth. It
doesn't mean anything. So thank you for being here. I know it
is not an easy thing to do.
Governor, when you talked directly to the President and
directly to the Attorney General about these issues, a second
ago in your last comment there, you said that the Government
doesn't really understand the problem or acknowledge the
problem. Were you talking one-on-one with the President, one-
on-one with the Attorney General? Surely they understand it, so
what do they tell you? Where is the big hang-up with giving you
the help that you need?
Governor Fortuno. Congressman, I wish I knew. I--at the end
of the day, at least in my town, we say that you demonstrate
how committed you are to solving a problem by doing something
about it. Nothing has been done about it. That is the bottom
line here.
Mr. Long. When did you start down this road, when did you
first start asking, saying: Hey, guys, we got a problem here.
Governor Fortuno. My first year in office.
Mr. Long. Which was 2009?
Governor Fortuno. Two-thousand-nine, exactly. My first
meeting was with Secretary Napolitano. Then I met with Attorney
General Eric Holder; his assistant attorney general, Lanny
Breuer; Assistant Attorney General Laurie Robinson in November
of that year as well. DEA, Director of Operations for DEA Tom
Harrigan. November as well with vice commandant of the Coast
Guard, David Pekoske. November of that year as well the
director of the Office of National Drug Control Policy, even
with the NYPD Commissioner Ray Kelly.
Then I went down the list. I met two or three times with
the Attorney General. I met with the President, as mentioned
before. Actually, if you wish, I could provide to the committee
a list of not just the meetings since 2009, and Mr. Pierluisi
has accompanied me in almost every one of those meetings, but
also all of the correspondence that we have been sending since
2009 to the administration so that we proposed that we put
together a task force back in 2009 to deal with America's
Caribbean Border, and to this day, nothing has happened.
Mr. Long. So you can't show us their responses because
there have been no responses.
Governor Fortuno. None whatsoever, and I am not alone in
this, and it is not just Governor de Jongh and I. I have not
just all of the correspondence on the list of meetings. I have
and I may submit for the record in the committee a letter that
today eight Governors from the Nation's States are sending to
the President asking for this type of commitment.
Mr. Long. Do they give you no answers whatsoever? Do they
say, we don't have the resources; you all have to take care of
yourselves? Do they tell you anything?
Governor Fortuno. We have had very pleasant meetings and
actually access to everyone within DOJ, for example.
Mr. Long. But no answers.
Governor Fortuno. But there are no results. At the end of
the day, there is nothing coming back other than you know
planning the next meeting. We are, you know, at the end of the
day, I need results. We all, again, we all have limited
resources, but to the extent that we can work together--the
example I have given as to what I do on a regular basis with
the Federal agencies, I chair a regular meeting with other
heads of the Federal agencies in Puerto Rico to make sure that
we are working together. I go with them on raids at 5 in the
morning into public housing projects, the poor part, what have
you. I am there in the front lines because they deserve no
less. They are risking their lives along with ours.
Mr. Long. We have innocent people being killed daily----
Governor Fortuno. Indeed.
Mr. Long. Like the family that is here today. It is
repulsive that you can't get answers. I am sorry, but it is.
Governor Fortuno. They deserve an answer.
Mr. Long. If they want to tell you, we don't have any
money, we can't do it, that is one thing. Let us address that.
But if you have got a problem, you have got to find a solution.
Then you have got to build a path to that solution.
Governor Fortuno. Again, it is not because we are not
trying. I have tried----
Mr. Long. I know you are, and I am not getting on you, I am
just saying in this town, I would say if you want to make a lot
of money, just move to Washington and open a smoke-and-mirror
shop and a rug-and-broom shop because all we do is sweep things
under the rug here, but this is not something that should be
swept under the rug. I am sorry.
I yield back.
Mr. McCaul. I thank the gentleman. Just a quick question.
Have you received any responses from these letters that you
sent?
Governor Fortuno. I do. I have received them, and I will be
happy to share the responses, but at the end of the day, they
are not responsive in the sense that we plan--am planning the
next meeting and what we should do. That is why I brought to
the attention of the committee, and I thank you all for you
being here this morning because at the end of the day, I
respond to my constituents.
Mr. McCaul. If there is no objection, I would like to
submit those letters into the record.
Without objection.
[The information follows:]
TIMELINE FOR GOVERNOR LUIS FORTUNO'S MEETINGS WITH: U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND SECURITY,
CONGRESSIONAL MEMBERS, AND OTHERS--2009-2012
----------------------------------------------------------------------------------------------------------------
Date Meetings With Purpose
----------------------------------------------------------------------------------------------------------------
June 2009.......................... Department of Homeland Security To discuss the proposed Border
(DHS), Secretary Janet Napolitano. Facilitation Pilot Program for Luis
Munoz Marin Airport and other
issues of cooperation between DHS
and local law enforcement.
October 2009....................... FEMA, Administrator Craig Fugate..... To discuss FEMA's partnership with
Puerto Rico, as well as the
response to the explosions and
fires that struck the island.
November 2009...................... Department of Justice (DOJ), Attorney To discuss the need for increased
General Eric Holder DOJ, Assistant collaboration between the Federal
Attorney General Lanny Breuer DOJ, and territorial law enforcement
Assistant Attorney General Laurie agencies, and the need for
Robinson. additional resources, training, and
assistance from the Federal
Government to help local law
enforcement combat the trends in
crime.
November 2009...................... Drug Enforcement Agency (DEA), To request for adequate resources in
Director of Operations Thomas order to properly combat against
Harrigan. crime on the island.
November 2009...................... Vice Commandant of the Coast Guard, To discuss the need for increased
David Pekowske. collaboration between the Federal
and territorial law enforcement
agencies, and the need for
additional resources, training, and
assistance from the Federal
Government to help local law
enforcement combat the trends in
crime.
November 2009...................... Office of National Drug Control To discuss the need for increased
Policy (ONDCP), Director R. Gil collaboration between the Federal
Kerlikowski. and territorial law enforcement
agencies, and the need for
additional resources, training, and
assistance from the Federal
Government to help local law
enforcement combat the trends in
crime.
October 2010....................... New York City Police, Commissioner To establish a collaborative
Ray Kelly. partnership between the PRPD and
the NYPD. Also, to discuss new
training programs for Puerto Rico's
police.
December 2010...................... DOJ, Attorney General Eric Holder and To discuss police corruption arrests
Associate Attorney General Thomas in October 2010 and police reform
Perrelli. efforts.
January 2011....................... DOJ, Assistant Attorney General To discuss PR Police Reforms and the
Thomas Perez. USDOJ Investigation.
February 2011...................... DOJ, Assistant Attorney General To discuss the efforts to reform and
Thomas Perrelli and various USDOJ improve PR's law enforcement
divisions. agencies and to express the need to
these agencies for resources,
training, and technical assistance.
June 2011.......................... President Barack Obama (Puerto Rico). To discuss various Federal issues
impacting Puerto Rico including
public safety and law enforcement
concerns.
July 2011.......................... Customs and Border Protection (CBP), To discuss the need for increased
Deputy Commissioner David Aguilar. coordination between CBP and local
law enforcement as well as
increased attention from CBP to
issue of drug trafficking.
September 2011..................... DOJ, Assistant Attorney General To discuss PR Police Reforms and the
Thomas Perez (Puerto Rico). release of the USDOJ Civil Rights
Division's report on the PR Police.
September 2011..................... DOJ, Assistant Attorney General To discuss follow-up to the USDOJ
Thomas Perez. Civil Rights report on the PR
Police.
September 2011..................... DOJ, Assistant Attorney General To discuss the on-going process with
Thomas Perrelli. the Civil Rights Division and the
President's Task Force on Puerto
Rico's Status.
January 2012....................... U.S. Senator, Marco Rubio; Seventh A briefing on the U.S. Coast Guard's
Coast Guard District Commander, Rear drug interdiction efforts. The
Admiral William D. Baumgartner; briefing was provided by Rear
Miami Dade County Commissioner, Admiral Baumgartner, Commander of
Rebecca Sosa. the Seventh Coast Guard District.
The Admiral discussed the Coast
Guard's readiness in South Florida
and Puerto Rico as it relates to
port security and counter-drug
operations.
February 2012...................... Heritage Foundation.................. Provided a policy briefing on the
challenges facing the U.S.-
Caribbean Border, especially
regarding increased drug
trafficking and violence affecting
U.S. citizens in the region.
February 2012...................... DHS, Assistant Secretary for IGA To discuss the Public Safety and Law
Betsy Markey (Puerto Rico). Enforcement Working Group of the
President's Task Force.
February 2012...................... DOJ, Associate Attorney General To discuss the challenges facing the
Thomas Perrelli; White House, U.S.-Caribbean Border regarding the
Director for the Domestic Policy increase in drug trafficking and
Council Cecilia Munoz; DHS, Deputy violence affecting U.S. citizens in
Secretary Jane Holl Lute; DHS, IGA the region.
Assistant Secretary Beth Markey;
ONDCP, Director R. Gil Kerlikowske.
February 2012...................... DOJ, Deputy Attorney General James To discuss the challenges facing the
Cole. U.S.-Caribbean Border regarding the
increase in drug trafficking and
violence affecting U.S. citizens in
the region.
February 2012...................... CBP, Acting Commissioner David To discuss the challenges facing the
Aguilar. U.S.-Caribbean Border regarding the
increase in drug trafficking and
violence affecting U.S. citizens in
the region.
February 2012...................... U.S. Coast Guard, Director of To discuss the challenges facing the
Response Policy--Rear Admiral Cari U.S.-Caribbean Border regarding the
Thomas. increase in drug trafficking and
violence affecting U.S. citizens in
the region.
June 2012.......................... Joint Interagency Task Force South, To discuss efforts made at the State
Commander--Admiral Charles Michel; and Federal levels to jointly
U.S. Attorney for the District of combat drug trafficking in the
Puerto Rico, Rosa Emilia Rodriguez Caribbean region of the United
(Puerto Rico). States.
June 2012.......................... DEA, Director of Operations Thomas To discuss the joint efforts that
Harrigan; DEA--Puerto Rico Director are taking place between the
Pedro J. Janer (Puerto Rico). Federal and local agencies of law
and order in Puerto Rico.
----------------------------------------------------------------------------------------------------------------
TIMELINE ON LETTERS FROM GOVERNOR LUIS FORTUNO TO: U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND SECURITY,
CONGRESSIONAL MEMBERS, AND OTHERS--2010 TO 2012
----------------------------------------------------------------------------------------------------------------
Date Sent To Purpose of Letter
----------------------------------------------------------------------------------------------------------------
February 1, 2010................... Department of Justice (DOJ) Attorney To recommend the establishment of a
General, Eric H. Holder, Jr. Federal law-enforcement inter-
agency working group comprised of
representatives from various
departments and agencies. The group
would assist PR in identifying
potential funding, technical
assistance and training, as well as
to improve coordination across
Federal agencies in order to help
combat the serious-and-worsening
crime problem on the island.
October 19, 2010................... DOJ Attorney General Eric H. Holder, To express the need to reform the
Jr.. Puerto Rico Police Department
(PRPD). As well as a meeting
request with AG Holder to discuss
how the PR government can cooperate
with the DOJ in achieving the
mutual goal of reforming the PRPD.
January 3, 2011.................... DOJ Attorney General Eric H. Holder, To notify AG Holder of the newly-
Jr.. created Task Force by Governor
Fortuno, that would focus on:
Professionalizing the PRPD, reform
the criminal justice & correction
systems, and establish cooperative
law enforcement efforts. The letter
also seeks: Technical assistance,
advice, recommendations, and
resources in order to carry out
these tasks.
July 19, 2011...................... U.S. Customs and Border Protection To reiterate the importance of
(CBP) Deputy Commissioner, David providing public safety for U.S.
Aguilar. citizens in PR by protecting the
U.S.-Caribbean Border. Also, to
request additional resources to
address the drug trafficking
problem in PR.
January 11, 2012................... DOJ Attorney General Eric H. Holder, To express grave concerns about the
Jr.. continued increase in drug-related
violence in PR and to again request
the support and collaboration of
the DOJ in combating this
widespread problem.
January 11, 2012................... Office of National Drug Control To express grave concerns about the
Policy, Director R. Gil Kerlikowski. continued increase in drug-related
violence in PR and to again request
the support and collaboration of
this office in combating this
widespread problem.
January 11, 2012................... Secretary of Homeland Security (DHS), To express grave concerns about the
Janet Napolitano. continued increase in drug-related
violence in PR and to again request
the support and collaboration of
DHS in combating this widespread
problem.
January 18, 2012................... DOJ Attorney General Eric H. Holder, To request a DOJ official to serve
Jr.. on temporary assignment in the
Office of the Governor, La
Fortaleza. Puerto has been
experiencing the worst violence
wave in its history. Expertise is
needed in order to properly assist
the government with working on this
serious issue.
January 31, 2012................... CBP Deputy Commissioner, David To express grave concerns about the
Aguilar. continued increase in drug-related
violence taking place in PR and to
again request CBP's support and
collaboration in combating this
widespread problem.
February 9, 2012................... U.S. Senator, Marco Rubio............ To thank Senator Rubio for arranging
a Coast Guard briefing in Miami,
and for his support and
collaboration on a U.S.-Caribbean
Border Security Initiative to
overcome the crime and drug
challenges facing PR.
February 9, 2012................... Seventh Coast Guard District To thank rear Admiral Baumgartner
Commander, Rear Admiral William D. for providing a Coast Guard
Baumgartner. briefing in Miami, and to request
his input on a comprehensive U.S.-
Caribbean Border Security
Initiative effort to help address
this region-wide crime and drug
trafficking problem.
February 9, 2012................... Miami Dade County Commissioner, To thank Commissioner Sosa, for her
Rebecca Sosa. participation in the briefing held
by the Seventh Coast Guard District
Command on the U.S. Coast Guard's
drug interdiction efforts and for
helping highlight the growing
threat that drug traffickers pose
to the Nation.
February 9, 2012................... Miami-Dade County Mayor, Carlos A. To thank Mayor Gimenez, for his
Gimenez. participation in the Coast Guard
briefing where they shared the
important mission that the Miami
command carries out every day to
help protect citizens in both
Puerto Rico and Florida.
March 30, 2012..................... White House: President's Task Force To urge the Task Force to consider
on Puerto Rico Co-Chair Cecilia developing a comprehensive U.S.-
Munoz. Caribbean Border Initiative similar
to the efforts being deployed along
the U.S. Southern and Northern
Borders. Also, to express concern
regarding the decrease in funding
that PR/USVI HIDTA has experienced
over the past few years.
March 30, 2012..................... Office of National Drug Control To reiterate several concerns over:
Policy, Director R. Gil Kerlikowski. The exclusion of PR from the
National Drug Contral Strategy, the
need for a comprehensive U.S.-
Caribbean Border Initiative, the
request for PR to be included in
the National Household Survey on
Drug Use and Health administered by
SAMHSA, and the decrease in funding
for the PR/USVI HIDTA program.
April 20, 2012..................... CBP, Commissioner David Aguilar...... To notify Commissioner Aguilar that
the Government of PR incorporated
the revisions to Puerto Rico Ports
Authority Regulation No. 8067,
recommended by CBP into an
amendment approved on April 18,
2011. This regulation will allow
both agencies to perform their
duties and inspect all commercial
cargo, domestic and international,
that arrives at PR.
May 21, 2012....................... CBP, Commissioner David Aguilar...... To reiterate several concerns and
requests for assistance regarding
the following topics: The need to
re-assess the fiscal stability of
the PR Trust Fund, the personnel
vacancies at CBP and reduction in
flight hours for the Caribbean Air
& Marine Branch in PR, and the
proposal for the implementation of
a Border Facilitation Program at
San Juan's International Airport.
May 23, 2012....................... Commander, U.S. Southern Command, To request assistance in ensuring
General Douglas Fraser. thar PR is included in the National
strategy to address the threats of
transnational drug and criminal
organizations operating in the
region.
May 24, 2012....................... Homeland Security Subcommittee on To request that Chairman McCaul hold
Oversight, Investigations, and a hearing to underscore the role
Management, Chairman Michael McCaul. the Federal Government must play in
securing all the Nation's borders,
including the U.S.-Caribbean
Border.
----------------------------------------------------------------------------------------------------------------
[Note.--The letters referenced in the summary tables above have
been retained in committee files.]
______
Letter From Governors to President Obama
June 20, 2012.
The President,
The White House, Washington, DC.
Dear Mr. President: As Governors in the Eastern and Southern United
States, we share a common concern for the safety of our citizens, and
we know you share this concern. Nothing is more important.
We are requesting your support on a matter that affects us all--the
growth of drug-related violence along the U.S.-Caribbean Border.
An estimated 70 to 80 percent of the Colombian cocaine reaching
Puerto Rico via Venezuela and the Dominican Republic is destined for
the streets of communities in the South, Midwest, and Eastern United
States. In total, an estimated 30 percent of illegal drugs now reaching
the U.S. mainland transits through the Caribbean.
The drug trade has in turn made Puerto Rico and the U.S. Virgin
Islands (USVI) a major destination for illicit drug money and illegal
firearms coming from U.S. mainland drug networks and is leading to an
increase in related violence. Puerto Rico and the USVI are currently
experiencing a murder rate that is exponentially higher than the
National average, with almost three-quarters of these related to the
drug trade.
This issue requires a National strategy, similar to that given to
the Southwest and Northern Borders. We have joined together to urge you
to establish a U.S.-Caribbean Border Initiative to be led by the White
House and the Office of National Drug Control Policy (ONDCP).
Right now, Puerto Rico and the USVI are serving on the front lines.
We need help in fighting this battle along the Caribbean Border, so
that we do not have to fight these drug criminals on the streets of our
States. If we work together, we can win this fight.
Sincerely,
Governor Luis G. Fortuno,
Puerto Rico.
Governor John deJongh, Jr.,
U.S. Virgin Islands.
Governor Rick Perry,
Texas.
Governor Bill Haslam,
Tennessee.
Governor Steven L. Beshear,
Kentucky.
Governor Robert Bentley,
Alabama.
Governor Mike Beebe
Arkansas.
Governor Mary Fallin,
Oklahoma.
Mr. McCaul. The Chairman now recognizes the gentleman from
Illinois, Mr. Davis.
Mr. Davis. Thank you very much, Mr. Chairman.
Governor Fortuno, it is good to see you. Thank you for
being here.
Governor Fortuno. Likewise.
Mr. Davis. Let me thank you for your very comprehensive and
eloquent testimony regarding the conditions in Puerto Rico and
other parts of the Caribbean.
I was very interested to hear your outline. I also want to
thank my colleagues, Delegate Christensen and Resident
Commissioner Pierluisi because I have discussed this issue with
both of them, and I have had opportunity to visit both Puerto
Rico and the Virgin Islands.
Of course, I am from Chicago, Illinois, which could be
called little Puerto Rico, I guess, because we probably have
more citizens who have either migrated from Puerto Rico to
Chicago or people who travel frequently back and forth. So when
you look at Chicago and you look at the Midwest, period, there
are just large numbers of Puerto Ricans who move back and forth
from both places.
I was also pleased to hear you mention some of your crime-
fighting techniques, especially CeaseFire, because until a few
months ago, the director of that program was my next-door
neighbor, and so I saw him practically everyday as we would
leave home for work. So I am very familiar with CeaseFire and
the techniques and how effective they have been.
Let me ask you, and I know it is very difficult to
comprehensively deal with an issue or a problem that affects
not only the immediacy of one's environment but the role that
all of the surrounding areas play. I think you, like many of
the rest of us have felt and feel frustrated when we look at
the resources that are available to approach the issues.
But how much of a role do you think our budget crisis--and
for as long as I have been around here, it seems as though we
have been reducing resources, that there seems to be some
Members of this body who think that somehow you can get rain
without thunder and lightning.
So if the budget is always being reduced and all we are
doing is cutting, cutting, cutting, that means that the
resources are not available in the same way to deal with the
issues that you raise.
How much of a role Nationally do you think budget-cutting
has had on the ability to deal with the issues you raised?
Governor Fortuno. First, if I may make a comment on
CeaseFire, and actually, I am glad you are familiar. I assume
you were familiar with the program in your area in Chicago, and
actually we hired people from the University of Chicago,
Illinois, Chicago campus, came down and what we did was we
brought them together with a local community organization, not-
for-profit organization, and they are the ones handling the
program. We just actually provided the funding for them to be
able to have the resources come down from your district to
address this, and so far, the result has been extraordinary, I
must say.
Actually, we started it in what probably the poorest, if
not one of the poorest towns in Puerto Rico, Loiza, and the
murder rate has started coming down significantly, and I
attribute some of that at least to CeaseFire.
Having said that, we are all facing fiscal constraints. I
am personally familiar because at the State level, that is
exactly what is happening. I am not here asking entirely for
more funding. I am asking for the resources that exist to be
brought to bear in a comprehensive initiative in the same way
that we have as a Nation in the initiative in the Southwestern
Border and the Northern Border to bring together the resources
and make sure that they start collecting the data.
It is unbelievable that you look at what is supposed to be
the Nation's drug strategy documents, and you look at the data,
and both Puerto Rico and the USVI are excluded more than half
of the time. So it is just starting to collect the data, which
we haven't been able to get the agencies to do that, and I am
talking specifically about Owens DCP.
Second, there are other resources to protect, you know, our
coastline that may be moved around.
Third, for example, a search. There is a reason why we
cannot bring a search of some of the law enforcement agencies
at the Federal level like DEA or ATF with existing resources
that may be underused at this moment somewhere else and
actually address this issue both in the USVI and Puerto Rico.
So there are ways in which we had a National strategy in which
we could bring to bear existing resources to address this issue
use appropriately.
Mr. Davis. So you are saying we really could do a better
job of coordinating----
Governor Fortuno. Exactly.
Mr. Davis [continuing]. Resources that are available and
pay more attention to the Caribbean and Puerto Rico to have
more equity relative to how we use them.
Thank you, Mr. Chairman.
Mr. McCaul. Thank you for raising that important point.
Members are advised we have votes probably scheduled within
the next 30 minutes.
With that, I recognize the former U.S. Attorney and the
gentleman from Pennsylvania, Mr. Marino.
Mr. Marino. Thank you, Mr. Chairman.
Governor, thank you for being here, and it is good to see
you again.
Governor Fortuno. Thank you.
Mr. Marino. Your sincere passion is obvious, and I commend
you on that. I also want to extend my deepest sympathies and
condolences to the families--to the family that is here and to
additional families in Puerto Rico that have lost loved ones.
We have a finite amount of revenue and an infinite number
of problems. So we have to be very meticulous about how we
share those resources.
Let us step back a little bit and unite a discussion about
our experiences of being on the front line and actually going
out with agents, going out on raids, going out on busts, and
can you give me any indication of what happens to the cash, if
there is cash, that you confiscate, and do you go after assets
of the drug cartels and the drug dealers, and do you have
access to any of those funds?
Governor Fortuno. Of course, and normally we have strike
forces at joint Federal-State agencies that work together in
these raids. Even though most officers involved in those raids
are State officers, oftentimes because of jurisdictional
reasons, we prefer that they be processed at the Federal level.
We go, of course, go after assets. We have been going after
assets aggressively, and we have dismantled a number of
international criminal organizations with major presence in
Puerto Rico, South America, the Dominican Republic, Florida,
New York, New Jersey, Boston, and other places.
Mr. Marino. Do you receive any of those assets?
Governor Fortuno. We are supposed to receive a percentage
depending on--there is a formula.
Mr. Marino. Sure.
Governor Fortuno. We are supposed to receive that funding.
At this very moment, we have some questions, we have raised
some questions with our sister agencies at the Federal level
because even though we agree or we have agreed to use some of
that funding to fund Federal agencies operations to Puerto
Rico, which is not done in other States.
Mr. Marino. Do you have any other type of understanding or
memorandum of understanding as to how much proceeds you get?
Governor Fortuno. We do have. We do have that and we could
get that for the committee.
Mr. Marino. Are you receiving that?
Governor Fortuno. No, we are not at the level that we are
supposed to.
Mr. Marino. All right. I will follow up on that.
Governor Fortuno. Of course. I will provide you with the
information. We will be happy to do so.
Mr. Marino. How could you increase your investigations and
arrest and prosecutions, to what degree, if you had these
assets?
Governor Fortuno. Well, again, working jointly with our
sister agencies at the Federal level, we have been able to
bring to bear some technology that at the State level we
lacked. At the same time, the Federal Government has assets and
capabilities that the State government at least, given our
Constitutional framework, would not have.
Mr. Marino. I assume we are talking about millions of
dollars.
Governor Fortuno. Of course. What we do is we work jointly,
and that is where the rates come in and we dismantle some of
these organizations because we are using technology. We are
intercepting communications, some of them international
communications.
Mr. Marino. Excuse me. I only have a couple of minutes so I
want to get through the questions. It is not difficult to share
the technology. It is difficult to have actual bodies. Can you
give us any indication or is that better left for the next
panel on how many bodies you would need to significantly bring
these cartels to their knees, if not eliminate them?
Governor Fortuno. I am not an expert on that. At the very
least, we are asking for all of the vacancies to be filled in
those Federal agencies that operate in Puerto Rico and the
USVI, but certainly I am asking for the possibility of surges
that will bring temporarily resources to the region to address
this issue that is affecting everyone in the country, not just
us in the two territories.
Mr. Marino. I will do personally whatever I can to assist
you in Puerto Rico, and I yield back my time.
Thank you.
Governor Fortuno. Thank you.
Mr. McCaul. I thank the gentleman for bringing his former
Justice Department experience to the table, and as I
understand, there is a--for clarification--there is a
memorandum of understanding you have with the Federal
Government.
Governor Fortuno. Of course.
Mr. McCaul. For resources and assets that is not being
complied with?
Governor Fortuno. Yes, Mr. Chairman, and I will be honest
with you and I have been honest with you the whole morning.
That is, that has been of concern to us, but our primary
concern has been protecting the lives and safety of our
constituents.
Mr. McCaul. I would ask that you submit that to this
committee.
The Chairman now recognizes the gentlelady from the Virgin
Islands, Mrs. Christensen.
Mrs. Christensen. Okay.
Thank you, Chairman McCaul.
I don't have a question. I would just like to make a few
comments with the time that I have.
So, beginning with thanking you, Chairman McCaul and
Ranking Member Keating, for this hearing, to renew the call for
needed attention to the two U.S. territories that form the
Caribbean Border of our Nation, and I also wanted to extend
thanks to Chairman King and Ranking Member Thompson for their
long-time support of this effort, and Congressman Thompson in
particular for bringing the committee to the Virgin Islands to
see our challenges first-hand a few years back, and to thank
you all for welcoming this prodigal daughter back to the
committee for this important hearing.
I also want to extend welcome to our former colleague,
Governor Fortuno, and also to Congressman Serrano, who is in
the audience, and thank him for his support on this and so many
issues affecting the territories.
I was concerned when I was back on the committee about the
illegal entry of people from as far as away as China and the
gun and drug trade because of the fear that we would be where
we are today. Two policemen shot as they stepped out of their
car; one still in intensive care in Miami 1 month later; the
father of another shot at as he was driving home; and an
officer tortured and killed and missing for years before the
perpetrators were found and arrested; not to mention the young
people that I knew or took care of as a family physician who
were killed or who are in jail; and the countless other tragic
stories, such as the ones that you have heard from the Governor
that are too numerous to recount here.
Although the murder rate in the Virgin Islands is down from
60 in 2010 in our 110,000 population to 48 last year, we
unfortunately still have one of the highest murder rates per
100,000 in the country.
Our community, though, is fighting back. The wife of our
lieutenant governor in particular with her Stop the Bleeding
foundation. Today, in St. Thomas, Caribbean law enforcement is
meeting on increasing our capacity as a region to combat gang
violence, but we do need help.
Today, the director of ATF is also in the Virgin Islands to
meet with legislators and others to restore this valuable
member of our law enforcement team.
We are not the only communities. Many communities in our
country are facing the same or similar problems with gun
violence, but mostly it stems back to drug trafficking that is
increasingly coming through the routes that involve the U.S.
Virgin Islands and Puerto Rico.
I was at the Coast Guard station in Puerto Rico with our
colleague, the resident commissioner, a few weeks ago, and had
the opportunity to shake the hand of the commander of the ship
that captured 1.4 kilos of cocaine off of St. Croix in the U.S.
Virgin Islands. That was the port's largest capture in its
history. Earlier in the year, ICE, after a 3-year mission took
down a northern Texas-Virgin Island's ring, also in St. Croix,
confiscating 100 kilos of marijuana and over $400,000. But we
need more to cover our over 100 miles of border.
I hear so many stories from my constituents of transfers of
God knows what at sea and out of--and small boats unloading
passengers with pickups waiting. We are still at the mercy of
guns that we neither manufacture or sell in the Virgin Islands,
legally anyway, that I am greatly concerned about what we don't
know that we don't know. We are working security agencies and
private entities on increasing and fine-tuning our surveillance
and intelligence. But on this, we also need your support and
advocacy.
Our Assistant Secretary of Interior for Insular Affairs
Anthony Babauta held a meeting with all local and Federal law
enforcement in the territories last year. We have a well-
integrated but incomplete team that are part of the VI-Puerto
Rico HIDTA, led by Adjutant General Vicens and run by executive
director Catherine Mills who is from St. Thomas, but we need
more Federal help to help restore the safety of our communities
and protect the lives of our children.
This is not only important to my constituents and me, but
it is critical to the well-being of yours and those of all of
our colleagues.
So we are here pleading for your help to save our community
and yours and to protect our Nation.
With that, I will yield back the balance of my time.
Mr. McCaul. I thank the gentlelady and also raising the
point of asset forfeitures seized in the Caribbean, including
Puerto Rico, Governor, are you aware of what percentage of
those assets forfeited and seized are moneys returned to Puerto
Rico?
Governor Fortuno. I will provide the MOU as soon as--I
don't have it with me right now, but I know we have discussed
that so far a number of times with our sister agencies at the
Federal level.
Mr. McCaul. I appreciate that. Thank you.
The Chairman now recognizes the gentleman from Florida, Mr.
Bilirakis.
Mr. Bilirakis. Thank you, Mr. Chairman. Thanks for holding
this hearing.
Governor, welcome and thanks for your extraordinary service
to your constituents and also thanks for coming here today to
speak on this very critical security issue.
As you know, Florida also faces similar concerns with
regard to illegal trafficking and drugs and people into the
United States.
Combatting this activity requires a coordinated and
dedicated effort on both fronts. I think you agree. How do you
see a U.S.-Caribbean Border initiative aiding both of our
borders, Florida and----
Governor Fortuno. Of course, actually, I would say,
Congressman, that whatever we do in America's Caribbean Border
will have a direct effect, especially in Florida and the
southeastern part of the country. Because many of these
criminal organizations actually work through that, follow that
pathway so, indeed, there will be a direct effect in the
streets of your neighborhoods to the extent that we do the
right thing in our two territories.
Mr. Bilirakis. Very good. Thank you.
Governor, in your testimony, you provide examples of
collaboration between Puerto Rico and the Federal Government.
Have these collaborations provided a successful model that will
continue that we can build upon? If so, how and where can these
collaborations be expanded? If not, could you discuss the
difficulties that you have had? I know you have maybe
elaborated a little bit, the difficulties that you faced.
Governor Fortuno. I would say that the local offices of
these Federal agencies and specifically individuals that are
operating are operating under very tough and difficult
circumstances. Often understaffed, and that is why we have
State prosecutors working alongside them, State policemen and
women working alongside them and so on and so forth, because we
understand the importance of the work they are doing, and we
are in this together. This case, there are no differences
between who is working for the Federal Government or the State
government. At the end of the day, the end result is the same.
Protecting our constituents and guaranteeing the safety of our
neighborhoods.
Having said all of that, of course, I mentioned a few. For
example, just a sheer coordination of efforts and assets will
bring about a much better and cohesive policy that--to confront
what I see is a war against international drug organizations
and cartels.
Second, a search, and it has been done in other
jurisdictions, why not in Puerto Rico? The USVI, a search,
temporary search to go after these organizations and dismantle
them as well. Those are two examples.
Mr. Bilirakis. Thank you.
I yield back, Mr. Chairman.
Thank you, Mr. Governor.
Mr. McCaul. Thank you.
The Chairman now recognizes the gentleman from Puerto Rico,
Mr. Pierluisi.
Mr. Pierluisi. Thank you, Chairman McCaul.
I want to begin by thanking you for convening this hearing
and for so graciously allowing me to participate.
I also want to extend my gratitude to Ranking Member
Keating, whom Governor Fortuno and I met with yesterday.
I also want to thank full committee Ranking Member Thompson
because he shared with me and listened to my concerns regarding
the level of resources that are allocated to Puerto Rico and
the VI before the start of this hearing, and he was very
receptive to my concerns.
I think the previous speakers have framed the issue well.
Let me just say a few words, and then I will wait for the
second panel to ask my questions.
As we have heard, the U.S. territories of Puerto Rico and
the USVI have murder rates that far exceed that of any State.
Most of these homicides are linked to the cross-border trade in
illegal drugs, which is primarily a Federal responsibility to
combat.
In the 5-year period between 2007 and 2011, the number of
murders Nation-wide fell by over 20 percent. In that same
period, the number of homicides in Puerto Rico rose by over 55
percent. Imagine for a moment that this spike in violence were
taking place in Florida. Does anyone seriously believe that
Federal law enforcement agencies within DHS and DOJ would
continue to conduct business as usual rather than surging
resources to the State until meaningful progress is seen? It is
absolutely inconceivable. Yet, that is precisely what is
happening in the case of Puerto Rico and the VI. I have the
numbers in front of me supplied by the agencies themselves.
In the last several years, the number of ICE, CBP, and
Coast Guard personnel assigned to Puerto Rico have generally
remained stagnant. The story at DOJ is similar. In several
component agencies, there have even been staffing reductions.
In the rare case where we have seen an agency like the DEA
increase its presence in Puerto Rico, that increase has been
fairly small, and the total number of agents assigned to the
islands still lags far behind all of the jurisdictions with
smaller populations and lower rates of drug-related violence.
All of the statistics point to a single conclusion: While
Federal law enforcement officers perform courageous and often
heroic work in Puerto Rico and the VI, the Federal Government
as a whole has yet to respond to the public safety crisis in
these two American territories with anything approaching the
sense of urgency that the situation demands.
If there is someone on the second panel who contests that
point, I would gently ask them to show me the data that
supports their argument. Let me be candid and kind of put this
in perspective.
The Governor and I speak with one voice on this. There is
no room, there should be no room for partisan politics in
dealing with this issue. But we have seen one thing. We don't
question the motivation of Federal law--the Federal law
enforcement community. I come from the law enforcement
community. I was the attorney general in Puerto Rico in the
mid-1990s. We know they are doing all they can.
The coordination between the government of Puerto Rico and
the Federal agencies could not be better. The number of
initiatives is amazing. The number of law enforcement personnel
from Puerto Rico dedicated to the Federal agencies is also
unprecedented.
What is lacking is two things. First an overreaching
strategy. We want a counternarcotic strategy for the Caribbean
Border, the same way we have it for the Southwest Border and
the Northern Border, that is one thing; and second, increase of
resources. We know these are fiscal tough times. We know it.
But it is a matter of prioritizing. Anybody who knows about
management knows that you need to prioritize when allocating
resources. It cannot be business as usual. We haven't seen an
increase, a significant increase in Federal resources in Puerto
Rico. It is about time it happens. The same for my sister
territory, the Virgin Islands.
That is all I will say for now. But I look forward to
questioning the witnesses, and again, with all due respect,
because I know you are on the front lines and we respect what
you do.
Mr. McCaul. Thank you for your passion always on this
issue.
I just want to close by saying, you know, the
administration has recently shown concern for 800,000 non-
citizens who aim to become Americans in the United States. I
wish they would show the same amount of concern for the 4
million Hispanic-American citizens living in Puerto Rico and
the U.S. Virgin Islands.
We have clearly heard from your testimony, Governor, of the
threat from both cartels shipping drugs through Puerto Rico
that eventually end up on our shores here, Texas and Florida
and the East Coast through commercial flights, and the
potential for a terrorist to infiltrate.
So I think it is unacceptable, as we look as Mr. Pierluisi
stated, that we have a northern and a southern strategy, but we
don't have a strategy as you indicated for the Caribbean. I
think it is unacceptable that we do not have a strategy. I hope
that the administration--we'll hear from the next panel--will
come together and work with you to create a comprehensive plan
and strategy to better protect the American citizens who live
on your island.
With that, if you have any closing comments, Governor, I
would be happy to give you some time.
Governor Fortuno. Well, I just want to thank you and thank
all of the Members of the committee, and I want to thank both
the delegate from the U.S. Virgin Islands and our Resident
Commissioner Pierluisi.
As Governor, I have over and over made one central request
to my people, to my constituents. I say, ``no te rindas,''
which means ``never give up.'' But the simple truth is that
Puerto Ricans already know that because it is in our blood, as
you just saw with Mr. Pierluisi. We never give up. We are
fighters.
When our backs are against the wall, when we face
hardships, when we are truly tested, that is when we reveal our
courage, and that is when we fight even harder and that is what
binds us as Americans.
So perhaps I should be directing my message to the people
who need to hear it the most. Mr. Chairman, distinguished
Members of this committee, do not give up on us. Do not give up
on Puerto Rico and the USVI. Our respective citizens have
spilled blood and died together on the same battlefields
defending freedom, liberty, and protecting the American people
and honoring our allegiance to the greatest Nation on Earth.
Each of you represent a different district in your
respective States, and while the needs of our constituents may
vary, we always come together as American. We remain strongest
when we are united, and that is exactly what we are asking for.
We celebrate the culture of life in this Nation. We don't
discriminate the value of one life over another due to
geography, and I am not asking you to do anything against your
own instincts and values. I am asking you to stand up for what
you already know to be true. I am asking you to join me and
help Puerto Rico defend this Nation effectively along the U.S.-
Caribbean Border.
We all take responsibility and develop and enforce the
Caribbean Border initiative. We will all reach our goals, our
enemies cannot match our resolve working together. Help us
fight this battle along the Caribbean so that we do not have to
fight these threats in the neighborhoods across America. These
criminals will seek to test us for sure, but when they do, let
us remember that we never gave up.
Thank you again.
Mr. McCaul. Thank you, Governor, for your passion, your
leadership, for bringing this issue to our attention and I
think that when it comes to the Federal Government, we need to
do a better job.
So thank you for being here today.
The committee now moves to Panel No. 2.
Mr. McCaul. The Members are advised that we have votes
coming up in the next few minutes. We would like to move as
expeditiously as possible.
JOINT STATEMENTS OF REAR ADMIRAL WILLIAM D. LEE, DEPUTY FOR
OPERATIONS POLICY AND CAPABILITIES, U.S. COAST GUARD,
DEPARTMENT OF HOMELAND SECURITY; JANICE AYALA, ASSISTANT
DIRECTOR FOR OPERATIONS, IMMIGRATION AND CUSTOMS ENFORCEMENT,
DEPARTMENT OF HOMELAND SECURITY; KEVIN MC ALEENAN, ACTING
ASSISTANT COMMISSIONER, OFFICE OF FIELD OPERATIONS, CUSTOMS AND
BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; AND MICHAEL
C. KOSTELNIK, ASSISTANT COMMISSIONER, OFFICE OF CBP AIR AND
MARINE, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND
SECURITY
Mr. McCaul. Thank you. I would like to move along as
quickly as possible. So I am just going to introduce you by
name and then ask that you submit your opening statement for
the record so we can move forward with the questions and
hopefully get that done before the votes.
At first, we have Rear Admiral William Lee, who is the
deputy for operations policy and capabilities for the U.S.
Coast Guard. Second, we have Ms. Janice Ayala, who is the
assistant director for domestic operations, homeland security
investigations for the Department of Immigration and Customs
Enforcement. We have Mr. Kevin McAleenan, who is the acting
assistant commissioner in the Office of Field Operations,
Customs and Border Protection. Finally, we have General
Kostelnik, who is the assistant commissioner, U.S. Customs
Border Protection, Office of Air and Marine.
[The joint statement of Admiral Lee, Ms. Ayala, Mr.
McAleenan, and Mr. Kostelnik follows:]
Joint Prepared Statement of Michael Kostelnik, Kevin McAleenan, William
D. Lee, and Janice Ayala
June 21, 2012
introduction
Chairman McCaul, Ranking Member Keating, and distinguished Members
of the subcommittee, it is a pleasure to appear before you today to
discuss the Department of Homeland Security's efforts to secure our
Nation's borders.
No one entity can tackle these transnational criminal enterprises
alone. Rather, it requires a multi-agency, multi-national, and layered
approach. To that end, U.S. Customs and Border Protection (CBP),
Immigrations and Customs Enforcement (ICE), and the U.S. Coast Guard
(USCG ) forge strong and cooperative relationships and work closely
with State, local, Tribal, territorial, Federal, and international
partners toward our mission to promote homeland security and uphold
public safety through the criminal and civil enforcement of Federal
laws governing border control, customs, trade, and immigration.
To do this, DHS has deployed a multi-layered, risk-based approach
to enhance the security of our borders while facilitating the lawful
flow of people and goods entering the United States. This layered
approach to security reduces our reliance on any single point or
program that could be compromised. It also extends our zone of security
outward, ensuring that our physical border is not the first or last
line of defense, but one of many.
As America's front-line border agency, CBP is responsible for
securing America's borders while facilitating legal travel and trade.
Over the past 3 years, the Department of Homeland Security (DHS) has
dedicated historic levels of personnel, technology, and resources in
support of our border security efforts. The President's fiscal year
2013 budget request continues these efforts by supporting the largest
deployment of law enforcement officers to the front line in our
agency's history: More than 21,000 Border Patrol agents, 1,200 Air and
Marine agents, and 21,100 CBP officers, all who work 24/7 with State,
local, Tribal, and Federal law enforcement in targeting illicit
networks trafficking in people, drugs, weapons, and money. Over the
last year, we have brought greater unity to our enforcement efforts,
expanded collaboration with other agencies, and improved response
times.
U.S. Immigration and Customs Enforcement's (ICE) mission is to
promote public safety through the criminal and civil enforcement of
Federal laws governing border control, customs, trade, and immigration.
ICE's Homeland Security Investigations (HSI) directorate is responsible
for investigating a wide range of domestic and international activities
arising from the illegal movement of people and goods into, within, and
out of the United States. In addition to overseeing the agency's
international and intelligence functions, HSI investigates, among other
things, immigration crime, human rights violations and human smuggling,
smuggling of narcotics, weapons, and other types of contraband,
financial crimes, cyber crime, and export enforcement issues. ICE is
well-positioned to disrupt and dismantle transnational criminal
organizations by targeting the illicit pathways and organizations that
engage in the production, transportation, and distribution of illicit
contraband.
For more than 220 years, the U.S. Coast Guard has safeguarded the
Nation's maritime interests and natural resources on our rivers and
ports, in the coastal regions, and on the high seas, in the Caribbean
region and around the world. The Coast Guard saves those in peril and
protects the Nation's maritime border, marine transportation system,
natural resources, and the environment. Coast Guard men and women--
active duty, reserve, civilian and auxiliarists alike--deliver premier
service to the public. The Coast Guard is an adaptable, responsive,
military force of maritime professionals whose broad legal authorities,
assets, geographic diversity, and expansive partnerships provide a
persistent presence in the inland waters, ports, coastal regions, and
far offshore areas of operations. This presence, coupled with over 2
centuries of experience as the Nation's maritime first responder,
provides tremendous value and service to the public. As such, the Coast
Guard shapes National maritime policy, including in the Caribbean
region, to protect the Nation's interests.
overview of cbp operations in puerto rico/u.s. virgin islands (usvi)
In fiscal year 2011, CBP processed approximately 4.8 million
travelers and more than 109,000 containers through our ports of entry
in the Caribbean. The San Juan Field Office processed over $40 billion
in trade, an increase of more than 15 percent from the prior year.
During this time, CBP officers arrested 345 people wanted for crimes,
including murder, rape, assault, and robbery, and denied entry to
nearly 3,000 people at Puerto Rico's ports of entry. The San Juan Field
Office has 626 employees across the region: 318 CBP Officers, 76
Agriculture Specialists, and 111 support positions are assigned to
Puerto Rico; and 80 CBP Officers, 11 Agriculture Specialists, and 30
support positions are located in the U.S. Virgin Islands.
CBP's Caribbean Air and Marine Branch (CAMB) plays a major role in
deterring illegal activity in the region through the coordinated use of
integrated air and marine forces to detect, interdict, and prevent the
unlawful movement of people, illegal drugs, and other contraband in the
area. The CAMB is headquartered in Aguadilla, Puerto Rico and possesses
six aviation assets, including two AS-350 Light Enforcement
Helicopters, two UH-60 Medium-Lift Helicopters, and two DeHavilland
DHC-8 Maritime Patrol Aircraft, which are state-of-the-art aircraft
used for detecting vessels. Also assigned to CAMB are four marine units
located in Fajardo, Ponce, and Mayaguez, Puerto Rico and St. Thomas,
U.S. Virgin Islands. The marine units have 10 Midnight Express
interceptors, which are the fastest, most capable law enforcement
vessels in the world, and 5 additional support vessels. The 60
enforcement personnel of the CAMB seized approximately 10,250 pounds of
narcotics and $2.1 million in currency in fiscal year 2011.
The Caribbean Air and Marine Operations Center (CAMOC), a sub-unit
of the CBP's Air and Marine Operations Center (AMOC), is also located
in Puerto Rico. CAMOC is a state-of-the-art law enforcement radar
surveillance center designed to counter the on-going threat of airborne
drug smuggling and provides detection, monitoring, and coordination
between CAMB assets and other Federal and local authorities.
Ramey Sector Border Patrol agents patrol coastal areas in Puerto
Rico and work to prevent, deter, and interdict illegal aliens and
narcotics. During fiscal year 2011, Border Patrol agents apprehended
642 undocumented aliens and seized more than 2,180 pounds of narcotics
between the ports of entry. The Sector also has a full-time Prosecution
Unit, a full-time Public Affairs Office, a robust Intelligence Unit,
and five canine teams deployed in Puerto Rico. These canine teams
assist the San Juan Field Office with container checks and ferry
operations and are also deployed to support the local law enforcement
community.
CBP also supports the six municipalities in Puerto Rico in
developing operational plans and preparing funding requests for
Operation Stonegarden grants. Utilizing the resulting Operation
Stonegarden grants, these municipalities--Aguadilla, Cabo Rojo, Lajas,
Ponce, Yabucoa, and Ceiba--work in unison with Border Patrol agents to
fuse knowledge, experience, assets, and jurisdictional authorities in
an effort to develop actionable intelligence, deter illegal activities,
and help protect our coastal communities.
CBP continues its efforts to prevent narcotics and unreported
currency from entering Puerto Rico and the U.S. Virgin Islands.
Collectively, CBP officers and agents seized more than 19,000 pounds of
narcotics with an estimated street value of approximately $140 million,
and seized more than $7 million in unreported currency in fiscal year
2011.
overview of ice resources in the caribbean
ICE currently has seven domestic offices in Puerto Rico and the
U.S. Virgin Islands; these include the HSI Special Agent in Charge
(SAC) office in San Juan (SAC San Juan); and the subsidiary Resident
Agent in Charge (RAC) offices in Fajardo, Arecibo, Ponce, Mayaguez, St.
Thomas, and St. Croix. The HSI Caribbean Attache, physically located in
Miami, Florida is responsible for overseeing HSI Assistant Attache
offices in the Nassau, Bahamas; Kingston, Jamaica; and Santo Domingo,
Dominican Republic. These offices work with HSI domestic offices and
foreign counterparts to combat transnational criminal organizations
through capacity building, information sharing, and joint
investigations. ICE's presence in the region, in collaboration with
other law enforcement partners, has directly resulted in more than
1,000 criminal arrests, and the seizures of more than 1,200 firearms,
25,500 pounds of narcotics, and nearly $17 million in illicit proceeds
from October 2010 through June 2012.
overview of coast guard operations in puerto rico/usvi
The Coast Guard and its interagency partners have seen tremendous
interdiction successes over the past several years in the Caribbean
Transit Zone. The Coast Guard interdicted and seized over 198,000 lbs
of contraband (cocaine and marijuana) in fiscal year 2011, and 181,000
lbs thus far in fiscal year 2012.
The Coast Guard interdicted three Self-Propelled Semi Submersible
(SPSS) vessels in the Caribbean Sea in fiscal year 2011 and another two
in the first two quarters of fiscal year 2012. Though not present in
the same numbers as go-fasts, the SPSS and Fully Submersible Vessels
(FSV) are potentially an even more insidious threat to the security of
the United States for two reasons: (1) Their large, up-to-10-ton
payload and (2) the extraordinary difficulty of detecting these vessels
at sea. This makes them a dangerous drug conveyance that could
potentially be adapted for transporting other more serious security
threats to the United States.
The Caribbean has many areas of shallow water with islands
scattered throughout the different transit routes. To prevent drug
traffickers from retrieving their illicit cargo after scuttling, the
Coast Guard led an interagency response to recover contraband from two
of the scuttled SPSS vessels. The other SPSS vessels had been scuttled
in waters too deep to safely conduct dive operations. This interagency
and international effort led to the recovery of over 12 metric tons of
cocaine.
The foresight and wisdom of the U.S. Congress deserves a note of
thanks for enacting 18 USC 2285, the Drug Trafficking Vessel
Interdiction Act of 2008, which made the mere operation of these
stateless vessels in international waters a crime. This has greatly
helped interdiction efforts whereby law enforcement authorities no
longer need to recover contraband in order to affect successful arrests
and prosecutions.
Since 1980, the Coast Guard has interdicted over 364,000 migrants
at sea. The majority of migrant interdictions occur in the Florida
Straits, and Windward and Mona Passages. The Coast Guard interdicted
2,474 undocumented migrants who attempted to enter the United States
via maritime routes during fiscal year 2011. This statistic represents
an 18 percent increase in interdictions when compared with fiscal year
2010 (2,088) and a 29 percent decrease in interdictions when compared
with fiscal year 2009 (3,467). The Coast Guard interdicted 796
undocumented migrants in the maritime domain in the first quarter of
fiscal year 2012, which is more than the numbers interdicted during the
first quarters of fiscal years 2011 (410) and 2010 (188), and less than
the number interdicted during the first quarter of fiscal year 2009
(1,062).
international/bi-lateral agreements
The Coast Guard maintains 45 maritime bi-lateral law enforcement
agreements with partner nations, which enable the Coast Guard to
coordinate with partner nations and more effectively operate forward-
deployed boats, cutters, aircraft, and personnel to deter and counter
threats as close to their origin as possible. Each bilateral agreement
is independently negotiated but follows a standard framework; elements
may include: Ship boarding; ship rider; pursuit; entry to investigate;
over-flight; order to land; and international maritime interdiction
support. These agreements also enable the Coast Guard to assist partner
nations in exercising their span of control and maritime domain
awareness of their waters. Migrant bilateral agreements include an
agreement with the Dominican Republic, the Comprehensive Maritime
Agreement with the Bahamas, and the Migrant Accords with Cuba.
The Coast Guard-sponsored Multilateral Maritime Counter Drug Summit
focuses on strengthening international partnerships and disrupting
illicit drug trafficking and associated violence in the transit zone.
The Summit is geared towards Western Caribbean countries, with
international participation representing 10 partner nations in Central
and South America.
In the Eastern Caribbean, the Caribbean Law Enforcement and
Intelligence Council facilitates communication, information sharing,
law enforcement operations planning, and interoperability amongst
participating international countries (United Kingdom, France, and the
Netherlands). It serves to enable face-to-face interaction between key
local, Federal, and international law enforcement and intelligence
organizations throughout the Caribbean region.
The Coast Guard provides international training and education
through resident schools and ``on-the-job training'' at operational
units in the United States, and through Mobile Education and Training
Teams deployed to host counties. Approximately 60 formal resident
courses and 11 on-the-job training courses are open for international
military student attendance. The Coast Guard courses are developed and
conducted to meet mission requirements and are intended to improve
performance. Exportable training is one of the Coast Guard's most
versatile and cost-effective international training tools, providing
training to more than 2,000 international students in approximately 60
countries each year. The Coast Guard delivers a complete package of
beginning, intermediate, or advanced training to units, small groups,
or larger multi-agency audiences. All of these training and education
outreach activities result in participants being more capable partners
in maritime law enforcement, marine safety and environmental
protection, small boat operation and maintenance, search-and-rescue
missions, and port security and infrastructure development for
countries with waterway law enforcement programs.
collaborative efforts
In addition to its operational presence in Puerto Rico and the U.S.
Virgin Islands, DHS has increased its collaboration with Federal,
State, local, and international partners to arrest individuals and
target criminal organizations that pose a threat to our communities.
This collaboration has resulted in successful operations at and beyond
our borders. Collaborative efforts such as the Caribbean Border
Interagency Group (CBIG) have proven to be an effective force
multiplier by coordinating joint planning and execution of operations
among CBP, ICE, USCG, Department of Justice (DOJ), the Office of
National Drug Control Policy's High Intensity Drug Trafficking Area
program (HIDTA), and Puerto Rico's Fuerzas Unidas de Rapida Accion
(FURA) partners. Through these coordinated efforts, DHS has reduced
illegal migrant activity coming into Puerto Rico via the Mona Passage
by 90 percent over the last 5 years, and is successfully mitigating the
smuggling threat along Puerto Rico's western coast.
Operation Caribbean Resilience
It is ICE's assessment that Puerto Rico is a primary Caribbean drug
transshipment point from South America to the U.S. mainland. In direct
response to the threat of criminal organizations, related violence, and
its impact on the quality of life for those residing in Puerto Rico and
the U.S. Virgin Islands, and in response to recommendations contained
in the President's Report on Puerto Rico's Status, HSI initiated
Operation Caribbean Resilience in fiscal year 2012. This operation
worked in collaboration with CBP, ATF, Puerto Rico Police Department,
San Juan Municipal Police has focused resources toward Puerto Rico in
an effort to concentrate on complex transnational criminal
organizations. The operation, which began with a 90-day surge and has
continued with the temporary assignment of agents from around the
country, seeks to identify, disrupt, and dismantle drug trafficking
organizations that destabilize Caribbean nations and territories and
threaten regional security.
As of June 19, 2012, Operation Caribbean Resilience has resulted in
a total of 287 arrests as well as the seizure of nearly 181 firearms,
6,340 rounds of ammunition, and $91,630 in illicit proceeds.
Caribbean Corridor Initiative
Operation Caribbean Corridor is a Puerto Rico-based multi-agency
task force that consists of HSI, the United States Attorney's Office
for the District of Puerto Rico, the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas program, CBP, DEA, FBI,
the USCG Investigative Service, Joint Interagency Task Force-South, and
State and local law enforcement agencies. Caribbean Corridor is a
comprehensive intelligence-driven initiative focusing on South American
drug-trafficking and money-laundering organizations responsible for
transporting multi-ton loads of cocaine through the Eastern Caribbean
en route to the United States and Europe.
One example of an investigation under Operation Caribbean Corridor
is a recent SAC San Juan investigation into a large-scale narcotics
smuggling organization operating between the Dominican Republic and
Puerto Rico. To date, this investigation--known as Operation Wild
Surf--has resulted in 36 arrests and the seizure of approximately 1,800
kilograms of cocaine, 26 kilograms of heroin, $1.8 million dollars, and
14 vessels.
Border Enforcement Security Task Forces
HSI has partnered with Federal, State, local, and foreign law
enforcement counterparts to create the Border Enforcement Security Task
Force (BEST), a series of multi-agency teams developed to identify,
disrupt, and dismantle criminal organizations posing significant
threats to border security. The BEST program operates in 31 locations
throughout the United States and Mexico. BEST leverages over 750
Federal, State, local, and foreign law enforcement agents and officers
representing over 100 law enforcement agencies. BEST also provides a
co-located platform to conduct intelligence-driven investigations. In
fiscal year 2011, BESTs made nearly 2,300 criminal arrests and more
than 1,100 administrative arrests. Meanwhile, Federal prosecutors
obtained nearly 1,400 indictments and 1,200 convictions in BEST-
investigated cases.
In October 2011, HSI stood up the San Juan BEST, which includes
partners from CBP, Puerto Rico Police Department, USCG, ATF, San Juan
Police Department, the Colombian National Police, Puerto Rico Ports
Authority, and Puerto Rico's Department of Treasury, all working
collaboratively to share information and expertise in cooperative
investigations. In February 2012, the San Juan BEST seized 109
kilograms of cocaine and contraband with an estimated price per
kilogram of $2.4 million dollars during an inspection of incoming
containers on board a motor vessel arriving from the Dominican
Republic. During the inspection of one of the containers, which was
manifested as carrying aluminum construction materials, CBP officers
found four duffle bags with a total of 101 bricks of cocaine. The
contraband was turned over to HSI for further investigation. More
recently, the San Juan BEST seized 6 kilograms of cocaine during a
routine CBP inspection of a passenger vehicle that arrived from the
Dominican Republic on-board a vessel. The vehicle and contraband were
turned over to HSI, which arrested three individuals allegedly involved
in the drug-smuggling venture.
Prosecution Partnerships
In addition to enhancing partnerships with local law enforcement,
DHS's relationship with the Puerto Rico U.S. Attorney's Office is an
instrumental component of our efforts to reduce the smuggling threat in
the Caribbean area. The U.S. Attorney has dedicated an Immigration Unit
to support enforcement operations, which has assisted in reducing the
number of re-apprehended undocumented immigrants. The Immigration Unit
consists of an Assistant U.S. Attorney, two Special Assistant U.S.
Attorneys (one from ICE and one from USCG), and a full-time paralegal
specialist provided by CBP's Office of Border Patrol. The creation of
the Immigration Unit in October 2006 has resulted in a greater number
of immigration cases accepted for prosecution (and more quickly), which
has had a deterrent effect. During fiscal year 2011, Ramey Sector
Border Patrol agents had more than 150 cases accepted for criminal
prosecution which included charges of illegal entry, re-entry after
deportation, failure to heave to, and presenting false documentation.
So far in fiscal year 2012, agents have presented 131 cases that were
accepted by the U.S. Attorney's Office for criminal prosecution.
Puerto Rico Working Group
In response to a request from the Governor of Puerto Rico in July
of last year, CBP created a Puerto Rico Work Group to look for ways
that CBP could continue to make and sustain gains in border security
with its existing resources. The work group identified three areas that
provided the greatest force multiplier capability--Intelligence, Joint
Operations, and deployment of CBP resources. The efforts of the work
group members have resulted in:
Increased collaboration and joint operations within CBP, as
well as with external law enforcement partners, to address the
threat in the eastern side of the island;
Increased collaboration with the Puerto Rico Police
Department authorities on enforcement efforts;
Increased coordination with municipalities for the
application of Federal funding; and
Increased CBP capabilities, such as the cross-training of
OFO personnel to support marine operations, and additional
force presence for special operations and enhanced enforcement
efforts.
White House Task Force
In March 2011, the President's Task Force on Puerto Rico's Status
recommended the convening of a working group to begin a formal
interagency process of coordination and collaboration regarding Puerto
Rico's security and safety. In response, the Puerto Rico Interagency
Public Safety Working Group (PSWG) was convened. The PSWG, co-chaired
by DOJ Associate Attorney General Tony West and DHS Assistant Secretary
for Intergovernmental Affairs Betsy Markey, is tasked with examining
the economic and safety/security threats facing Puerto Rico and
developing a plan to address those challenges from an interagency
perspective. Since October 2011, CBP has been an active participant in
the PSWG. In addition to providing advice and expertise on CBP-related
issues, CBP briefs the PSWG on CBP operations, collaborative efforts,
and potential concepts for the PSWG to pursue.
CBP/USCG Cargo Container Inspections
In April 2012, by leveraging associated USCG and CBP border search
authorities, CBP initiated a multi-jurisdictional integrated law
enforcement effort between CBP, HSI, USCG, and Puerto Rico State and
local law enforcement personnel to interdict drugs and other contraband
by conducting inspections of domestic containers bound for CONUS. Using
collective intelligence and targeting assets from all law enforcement
partners, sea cargo destined for CONUS are selected and scanned using
CBP large-scale NII equipment. When the NII image reveals anomalies
within the contents of the container, the container and contents are
checked by canine units and physically inspected by officers in an
effort to detect and deter criminal organizations from transporting
illegal contraband to CONUS. Upon completion of these operations, a
detailed report with findings is forwarded to CONUS ports where the
vessel is scheduled to arrive from Puerto Rico, including Houston,
Jacksonville, Newark, and Philadelphia. These port communities
subsequently conduct inspections of the arriving vessels and cargo
using all available resources.
A recent success occurred on May 15, 2012, when the Anti-Terrorism
and Contraband Enforcement Team (A-TCET) at the Philadelphia Seaport
observed anomalies on an inbound vehicle from Puerto Rico utilizing
large-scale inspection equipment. A subsequent physical inspection of
the automobile by CBP Officers revealed packages containing a total of
10 kilograms of cocaine.
conclusion
Chairman McCaul, Ranking Member Keating, and Members of the
subcommittee, thank you for this opportunity to testify about the work
of DHS. We are committed to providing our front-line personnel with the
tools they need to effectively achieve their primary mission of
securing America's borders. We look forward to answering any questions
you may have at this time.
Mr. McCaul. With that, I now recognize myself for 5 minutes
for questions.
As we heard from the Governor, and perhaps I will start
with you, General, we heard from the Governor of the lack of a
strategy or a plan for the Caribbean, and then the closing of
the Air and Marine Office in Puerto Rico. Can you enlighten us
on this?
General Kostelnik. Well, I mentioned an area of strategy. I
think you all are aware that the Caribbean Border Interagency
Group has been formed by not only the representatives of the
colleagues here at the table but others in the host Nation, and
that has provided I think a fairly substantial improvement in
local strategy associated with the combined assets of the
Federal Government and the State of Puerto Rico you know there
in the western Caribbean. The broader area in the deep transit
zone and the approaches from South America and central America
into the United States and also into the Caribbean, east and
west, JIATF-South has a substantial approach to strategy. The
broader area and combining all of those into one area, that is
probably a focus area that would need some work.
In regards to the closure of our facility, I think the
committee is well aware that some of the added infrastructure
in terms of the marine capabilities of U.S. Customs and Border
Protection was enhanced in years passed, and at that time, it
was enhanced using funds out of the Puerto Rican trust fund. As
a result of the way that it was done at that time by law, it
limits investments in our marine capability to the trust funds.
So, in 2011, as a result of a further widespread, you know,
financial issue, not only in Puerto Rico, obviously and this
government and governments across the world's stage, these are
very difficult financial times and the trust fund did not
deliver in ways that it had in the past. So the support from
the trust fund for various agencies were reduced at that time
period and resulted in a shortfall in our marine operation that
we couldn't cover, we couldn't cover by other appropriated
funds, and we didn't have the resources.
So as a result of that, we looked at the four operational
marine branches we had on the island itself. We looked at the
least productive of the four branches, retained the most
important branches of Fajardo, Ponce, and Mayaguez, protecting
the east and west and southern approaches to the island, and we
did close just the marine branch in San Juan harbor. That
resulted in the removal of about five agents, but the marine
craft that were associated with that branch were redistributed
to other branches within the island complex and were not
removed.
Mr. McCaul. What can we do to help restore those funds to
the Puerto Rican trust fund?
General Kostelnik. Well, I think--I am not an expert on the
Puerto Rican trust fund to fund only air and marine equity, but
also the larger office of field operation equities and perhaps
ICE as well. It is a fairly substantial boost. As a partnership
with the territory for many years, it has been invested in
Federal entities to bring capabilities to the island that would
not be indigenous to the State. I think it has been a very
successful partnership.
I believe the trust fund equities are delivered by fees
associated with trade and travel in the islands, so part of
that is driven by the economy of the day. As the economy and
trade improves, and I think those things are increasing as we
speak, the trust fund will recover.
I think the Resident Commissioner Pierluisi has introduced
some legislation to give us the flexibility perhaps of funding
other Federal equities in addition to the trust fund. That
would certainly give us more flexibility to augment with other
appropriations, but at the end of the day, there are reductions
across the board in most of our infrastructures. We are in
times of reduced operations.
Mr. McCaul. If I can just ask, the Governor talked about a
memorandum of understanding with the Federal Government and
that that was not being fully complied with. Can any of the
witnesses speak to that issue?
General Kostelnik. I think he was referring to the
forfeiture fund as well. So the Puerto Rican trust fund I think
is delivering consistent with the memorandums. There are other
memorandums that deal with material goods, boats, aircraft,
narcotics, weapons, cash, that are going to seize by a
combination of State and Federal and law enforcement agencies
in the territory. Those go into a Federal forfeiture fund. I am
not personally familiar with that MOU, but I am sure there is a
document that specifies what the arrangements will be.
Mr. McCaul. About 25 seconds. Does anybody have any comment
on that?
Ms. Ayala. Yes, sir. If I could comment. We have almost
shared approximately $12 million, where we have either
recommended or actually asset-shared with the Puerto Rico
government, and that is in funds, equipment, and so forth.
Those are based on local agreements with different departments
of police. Some of those funds have to go through--obviously,
the Treasury Asset Forfeiture Fund in order for them to be
fully forfeited, and that takes some time. So there is some
money pending, but we constantly live up to ensuring that they
have all of the asset-sharing opportunities they have and that
is why we have nearly 80 task force officers assigned to four
task forces in the Puerto Rico area and San Juan.
Mr. McCaul. Thank you.
The Chairman now recognizes the Ranking Member.
Mr. Keating. Thank you very much, Mr. Chairman.
Representative Davis asked the Governor a good question. He
asked him, you know: Where would the resources come from? Would
it be additional or would it be--and his answer was and you
heard it was that the resources and money can come from,
``those used, underused somewhere else.'' Those used, those
underused somewhere else. Now you are the four agencies that
the somewhere else would come from. Can you tell me quickly,
given the time constraints, can you tell me where they are
underused somewhere else? The resources?
Start with you, Admiral.
Admiral Lee. Well, thank you for that question, sir.
I really can't pull it out right now where I can think of a
place where our resources are underused that we could deploy to
Puerto Rico. What I can tell you is that where we are applying
our resources is as close to the shipment point down in the
transit zone as possible.
We believe that our strategy of intercepting the cocaine
destined for Hispaniola, which creates secondary flow over to
the island of Puerto Rico, is best intercepted where it is
coming out of the gate, where we can get it in bulk before it
gets to the mainland, where it is parceled up into smaller
packages and becomes a real problem that the Governor is
wrestling with right now, Sir.
Mr. Keating. Ms. Ayala, could you tell us where in your
department the ``underused somewhere else'' is?
Admiral Lee. For the record, sir, I cannot tell you where
we have got anything underused.
Ms. Ayala. I would say the same, but I would say that in
order to try to address this threat, we have surged at least 7
people since January to the San Juan area and to assist the
Puerto Rico Police Department in identifying violent gang
members and seizing weapons from the street. Obviously, this is
a temporary situation, but we do have several, at least 10 to
14 people that are in the pipeline identified to come on to be
hired on a permanent basis. We are just waiting for approval of
the Puerto Rico trust fund budget for fiscal 2013 and 2014 to
make that a reality.
Mr. Keating. In terms of Customs and Border Patrol, can you
tell me where the ``underutilized somewhere else'' is?
Mr. McAleenan. Good late morning, Ranking Member Keating.
We don't have any underutilized locations under-resourced--
over-resourced locations at this point. Our workload staffing
model governs how we deploy our resources, and that is based on
both the volume and the risk of each port of entry Nationally.
We have, in Puerto Rico, a significant volume of passengers and
trade coming through and also threats as described by the
Governor and Resident Commissioner Pierluisi.
Mr. Keating. So we are 0 for 3. Could I ask Mr. Kostelnik?
Is there ``underused'' somewhere else in your department?
General Kostelnik. No, sir. Ours would be the same. How we
lay ours down Nationally is prioritization and adjust those
based on mission need.
Mr. Keating. So I would suggest, given the answers of our
panel, there is no ``underused somewhere else,'' and the answer
might be more allocation of overall resources, and that is the
answer, that is the only answer I am left with. We reduced
those things in budgets.
So there is my conclusion. I wanted to follow up on that. I
will yield back the rest of my time.
Mr. McCaul. I thank the gentleman.
Mr. Long from Missouri is recognized.
Mr. Long. Thank you, Mr. Chairman, and thank you all for
being here today and for your testimony.
Admiral Lee, talking about underused resources, which you
say there are none; is that correct?
Admiral Lee. None that I can think of, sir.
Mr. Long. How about manpower? Are you short-handed or not?
Admiral Lee. Sir, we are a very lean organization and
growing leaner.
Mr. Long. Do you think you could use $10 million?
Admiral Lee. We could use, certainly, sir.
Mr. Long. If we hadn't have spent $10 million trying to
figure out if a professional baseball player used steroids or
not, you could have had it. So I am sorry to report you can't
have it.
What on the steroids--not steroids, excuse me, on the
submersibles--I am back on steroids now. On the submersibles,
how do you detect those? Do you have the capability you need to
detect those?
Admiral Lee. That is an excellent question, sir. Right now,
the semi-submersibles that we are detecting and interdicting
today is an outgrowth of the pressure we have put on the--on
the cartels and the TCOs in their attempts to get the drugs in.
It is an innovative approach. We, the best, the best technology
that we have right now is our overflight, our aerial
surveillance. That and the new radars that we are putting on
our new National response cutter has enabled us to see further
than we ever have before. The fact of the matter is, though, is
these organizations emerge into the fully submersible
technology, which we know they already have the capability of
doing. We have no method of detecting them once they become
subsurface.
Mr. Long. How can that be? It is not a stealth submarine, I
wouldn't assume.
Admiral Lee. No, sir. We just don't have the technology
such as that that the Navy has to be able to see what is
underneath the surface. When it is on the surface----
Mr. Long. The Navy won't assist you in this or can't assist
you?
Admiral Lee. Yes, sir. We work with the Navy routinely,
especially in the JIATF-South region.
Mr. Long. So you are able to track them although it might
not be your agency proper, correct or not?
Admiral Lee. When the appropriate Naval resources are in
that area of operations, some of them do have that capability,
yes, sir.
Mr. Long. Okay. I guess that is my only question on it.
Thank you. I yield back.
Mr. McCaul. Thank you for the question. I was planning to
ask that myself, and my time ran out. But just so I understand,
you cannot detect the submersibles once they are under the
water?
Admiral Lee. When they go subsurface, no, sir.
Mr. McCaul. But the Navy can?
Admiral Lee. With those vessels that they have with the
technology that allows them to do that.
Mr. McCaul. I won't ask you how deep you can detect it with
the Navy because that would give information.
Admiral Lee. We would be happy to give you a more
appropriate brief in a more appropriate setting on that.
Mr. McCaul. Precisely. Thank you.
The Chairman now recognizes the gentlelady from the Virgin
Islands, Mrs. Christensen.
Mrs. Christensen. Thank you, Mr. Chairman, and welcome to
the panelists. I have perhaps maybe two questions.
First one for Rear Admiral Lee. A few weeks ago I mentioned
the 1.4 kilos of cocaine that was picked up by the Coast Guard,
but it was a fast boat smuggling those drugs into the United
States that was observed as it approached St. Croix. The boat
crew, when they became aware of detection dumped the cocaine
and sped away, but they eluded capture because we don't have
the necessary air and sea resources of the U.S. Coast Guard and
Border Patrol in the Territory. The USVI is arguably at a
greater disadvantage than Puerto Rico because we have to rely
on resources coming from Puerto Rico, which is already
complaining that they don't have enough resources for its
interdiction efforts. Are there any plans in place to increase
the resources in the U.S. Virgin Islands, and particularly are
there any plans to increase the fast boat kinds of assets in
Puerto Rico and the U.S. Virgin Islands?
Admiral Lee. Thank you for the question, ma'am.
First off, we do have plans to replace the 6 aging 110-foot
patrol boats that we have stationed in Puerto Rico at the time,
which covers that whole area in Puerto Rico and the U.S. Virgin
Islands. We are going to--of the first 18 fast response cutters
that are going to be delivered, 6 of them will eventually be
going to Puerto Rico as soon as we can get the facilities ready
to receive them.
With regard to the smaller boats that you referred to, the
interceptors, they are already on scene. We have no current
plans to increase the number of interceptors in that particular
area, ma'am.
Mrs. Christensen. Okay. Thank you.
Mr. McAleenan, 4 years ago, Congressman Thompson when he
was Chair, took a Congressional delegation of the Homeland
Security Committee on a fact-finding mission to the U.S. Virgin
Islands to see first-hand what our issues were and to hear from
our local as well as the Federal law enforcement officers
regarding how--regarding the flow of illegal guns, drugs, and
immigrants into the U.S. Virgin Islands, and following that
visit, he and the committee urged CBP to start up a Border
Patrol unit in the U.S. Virgin Islands. To date, the problems
have worsened, and we still don't have a Border Patrol unit
dedicated to the U.S. Virgin Islands.
So given the current situation, does CBP plan to place a
unit in the USVI? If not, why? Maybe in your answer you could
tell us what you have been doing since that time.
Mr. McAleenan. I can offer, Resident Commissioner, to get
back to you on that. I don't have the current plans for the
Border Patrol in front of me. I am sorry.
Mrs. Christensen. Okay. Just in closing, all of the Federal
agencies are based in Puerto Rico. All of the Federal law
enforcement agencies are based in Puerto Rico. We have heard
the monumental challenges that Puerto Rico has with drug
trafficking and gun violence. So, please, I am begging and
pleading with you to make sure that we have enough assets so
that the Virgin Islands does not--ensure that the Virgin
Islands gets the coverage that we need as well. That is to
everyone.
Thank you, Mr. Chairman.
Mr. McCaul. Thank you.
The Chairman now recognizes Mr. Pierluisi, with the caution
that we have 8 minutes left on the vote.
Mr. Pierluisi. I see. I have one question for all the
panelists, all the witnesses. I please ask you to be brief,
because then I have a specific question for Admiral Lee. My
first question is when your agencies allocate resources and
personnel among U.S. jurisdictions, do you view Puerto Rico and
the USVI in the exact same way that you view the States? Put
differently, can you state for the record whether you
preference U.S. States over U.S. territories in any way or
whether you treat them as absolutely the same?
Ms. Ayala. No preference. We treat them absolutely the
same.
Mr. McAleenan. While the funding mechanisms are different,
as we discussed, we treat them absolutely the same in terms of
operational need.
General Kostelnik. They are the same. But obviously, there
are priorities. You talked about priorities in your opening
remarks. Obviously, the Southwest Border has been a priority.
We are working on various areas. Basically, those priorities
are determined by need. Adjustments in our resources are made
annually to meet those threats.
Admiral Lee. Yes, sir, we treat them the same, too. But we
allocate our resources based on where the primary threat is.
That is where we deploy our resources to.
Mr. Pierluisi. Thank you.
Admiral Lee, between January 2009 and August 2011, Coast
Guard sector San Juan interdicted far more drugs than sector
Miami, which interdicted no cocaine, and sector Key West, which
interdicted no drugs of any type. Yet the Coast Guard devoted
significantly more maritime surveillance hours to Miami and Key
West than to Puerto Rico. This is not surprising when one
considers that the Coast Guard has only four helicopters in
Puerto Rico, which is less than Miami, and has no fixed-wing
surveillance aircraft stationed on the island. Rather, District
Seven has C130s stationed in Clearwater, Florida, and five HC-
144s stationed in Miami. Late last year, the District Seven
commander was quoted in an official Coast Guard publication as
saying that Miami is going to be provided with two additional
HC-144s, for a total of 7, and that he hopes, I am quoting, to
put some in Puerto Rico, but only after they have been fielded
to other Coast Guard districts. In addition, when it comes to
boats, the Coast Guard is replacing its Island-class cutters
with better Sentinel-class cutters. According to the district
commander, the first 6 new cutters are scheduled to be assigned
to Miami, the next 6 to Key West, and the Coast Guard will, I
am quoting, eventually assign another 6 to Puerto Rico, pending
Congressional approval and funding.
Admiral, based on all of this, and I am quoting official
documents, is it your testimony that Puerto Rico is being
adequately resourced by the Coast Guard both as an absolute
matter and relative to other sectors within district 7?
Admiral Lee. That is a very good question, sir, and I hope
I can answer it adequately for you. With regard to where we put
our forces, we put them where the greatest threat exists. In
this particular case, it is about geography. There is more than
just a drug threat in the Straits of Florida. As you know, we
also have a large, a very huge migrant interdiction
responsibility there also. All of these, combined with the
search-and-rescue responsibilities we have, the other adjacent
law enforcement responsibilities, compels us to have the force
laydown that we currently have. It is not at the detriment of
Puerto Rico. We are pushing, of those first 18 FRCs that you
are referring to, 6 of them are going to Puerto Rico. In fiscal
year 2014, as soon as we can have the piers and the facilities
configured for them, they will arrive. We also are currently
providing fixed-wing capability in the form of a 144 CASA. It
is on scene now right in Puerto Rico. So we are giving you the
four helicopters plus that overarching MPA. We desire to
continue to resource that.
Mr. Pierluisi. I appreciate the answer.
One last comment, Mr. Chairman.
Mr. McCaul. If you could keep it very brief. We have 3
minutes left.
Mr. Pierluisi. Okay. So the last comment I make is it is
allocating resources. That is what we are saying. You talk
about the threat, and I respect that. But I know even if you do
not get more resources overall for your particular agencies,
there has to be prioritizing here. We are facing a crisis. So
we are asking for particular attention until we get back to
normal levels.
Mr. McCaul. Thank you. I thank the gentleman. I appreciate
the testimony. We understand the limited resources you have and
what you have to do with them. But we look forward to working
with you to prioritize what we call the third border. So thanks
for being here today. This committee stands adjourned.
[Whereupon, at 11:15 a.m., the subcommittee was adjourned.]