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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 

Available via the World Wide Web: http://www.gpo.gov/fdsys/ 
(II) 

COMMITTEE ON HOMELAND SECURITY 

PETER T. KING, New York, Chairman 

LAMAR SMITH, Texas 

DANIEL E. LUNGREN, California 

MIKE ROGERS, Alabama 

MICHAEL T. MCCAUL, Texas 

GUS M. BILIRAKIS, Florida 

PAUL C. BROUN, Georgia 

CANDICE S. MILLER, Michigan 

TIM WALBERG, Michigan 

CHIP CRAVAACK, Minnesota 

JOE WALSH, Illinois 

PATRICK MEEHAN, Pennsylvania 

BEN QUAYLE, Arizona 

SCOTT RIGELL, Virginia 

BILLY LONG, Missouri 

JEFF DUNCAN, South Carolina 

TOM MARINO, Pennsylvania 

BLAKE FARENTHOLD, Texas 

ROBERT L. TURNER, New York 

BENNIE G. THOMPSON, Mississippi 

LORETTA SANCHEZ, California 

SHEILA JACKSON LEE, Texas 

HENRY CUELLAR, Texas 

YVETTE D. CLARKE, New York 

LAURA RICHARDSON, California 

DANNY K. DAVIS, Illinois 

BRIAN HIGGINS, New York 

CEDRIC L. RICHMOND, Louisiana 

HANSEN CLARKE, Michigan 

WILLIAM R. KEATING, Massachusetts 

KATHLEEN C. HOCHUL, New York 

JANICE HAHN, California 

VACANCY

MICHAEL J. RUSSELL, Staff Director/Chief Counsel 

KERRY ANN WATKINS, Senior Policy Director 

MICHAEL S. TWINCHEK, Chief Clerk 

I. LANIER AVANT, Minority Staff Director 

SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT 

MICHAEL T. MCCAUL, Texas, Chairman 

GUS M. BILIRAKIS, Florida 

BILLY LONG, Missouri, Vice Chair 

JEFF DUNCAN, South Carolina 

TOM MARINO, Pennsylvania 

PETER T. KING, New York (Ex Officio) 

WILLIAM R. KEATING, Massachusetts 

YVETTE D. CLARKE, New York 

DANNY K. DAVIS, Illinois 

BENNIE G. THOMPSON, Mississippi (Ex Officio) 

DR. R. NICK PALARINO, Staff Director 

DIANA BERGWIN, Subcommittee Clerk 

TAMLA SCOTT, Minority Subcommittee Director 
(III) 

C O N T E N T S 

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. Fortun ̃ o, 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 Fortun ̃ o ................... 45 

Letter From Governors to President Obama ..................................................... 51 

(1) 

U.S.-CARIBBEAN BORDER: OPEN ROAD FOR 

DRUG TRAFFICKERS AND TERRORISTS 

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 
2 

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 Enforce-
3 

ment. 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 
4 

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. 
5 
6 
7 

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 firsthand the devastating effects of drug-related crimes and violence on 
8 

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.’’ 
9 

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. 
10 

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 Fortun ̃ o. 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. 
11 

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 Fortun ̃ o 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 antidrug effort. Because we are under-represented in Congress and we are not a State, 
12 

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 
13 

* 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/prpdlletter.pdf. 

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.* 

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. Fortun ̃ o 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 Fortun ̃ o and the Commissioner 
14 

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. 

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 billion1 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. 

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. 
15 

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/PRVIlDMA-2011%28U%29.pdf. 

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. 

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 Fortun ̃ o 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 Fortun ̃ o 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 Fortun ̃ o 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 Fortun ̃ o and the Federal agencies to combat 

this threat. 
16 

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 drugabuse 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 Mun ̃ oz 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 sea-
17 

port 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 Mun ̃ oz 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 Mun ̃ oz 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. 
18 

1Source: Puerto Rico Statistics Institute. 

2Source: Uniform Crime Reports, FBI. 

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, drugaddicted 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
19 

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: 
20 

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 Fortun ̃ o 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 Fortun ̃ o 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 FORTUN ̃ O, GOVERNOR, 

COMMONWEALTH OF PUERTO RICO 

Governor FORTUN ̃ O. Thank you, Mr. Chairman. 
21 

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 
22 

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 Carib-
23 

bean, 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 
24 

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-forprofit 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. 
25 

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 notfor-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 
26 

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 Car-
27 

ibbean 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 
28 

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 
29 

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 onthe-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 Fortun ̃ o follows:] 

PREPARED STATEMENT OF HON. LUIS G. FORTUN ̃ O

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. 
30 

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 Mele ́ndez 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 lead-
31 

ing 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-ontrafficker 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, 
32 

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 performanceand 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 
33 

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 nonprofits 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 
34 

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. 
35 

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 
36 

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 decadelong 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 
37 

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. 
38 

These are just some examples of what appears to be a pattern of neglect by toplevel 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 FORTUN ̃ O. 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 en-
39 

sure 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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. 
40 

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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 
41 

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 FORTUN ̃ O. 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 
42 

* 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. 

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.* 

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 FORTUN ̃ O. 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 FORTUN ̃ O. My first year in office. 

Mr. LONG. Which was 2009? 

Governor FORTUN ̃ O. 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 
43 

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 FORTUN ̃ O. 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 FORTUN ̃ O. We have had very pleasant meetings and actually access to everyone within DOJ, for example. 

Mr. LONG. But no answers. 

Governor FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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. 
44 

Mr. MCCAUL. I thank the gentleman. Just a quick question. 

Have you received any responses from these letters that you sent? 

Governor FORTUN ̃ O. 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:] 
45 

TIMELINE FOR GOVERNOR LUIS FORTUN ̃ O’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 (DHS), Secretary Janet Napolitano. To discuss the proposed Border Facilitation Pilot Program for Luis Mun ̃ oz 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 General 

Eric Holder DOJ, Assistant Attorney General Lanny Breuer DOJ, Assistant Attorney General Laurie Robinson.

To discuss the need for increased 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 ................................ Drug Enforcement Agency (DEA), Director of Operations Thomas Harrigan. To request for adequate resources in order to prop- erly combat against crime on the island. November 2009 ................................ Vice Commandant of the Coast Guard, David 

Pekowske.

To discuss the need for increased 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 Policy (ONDCP), 

Director R. Gil Kerlikowski.

To discuss the need for increased 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. 

October 2010 .................................... New York City Police, Commissioner Ray Kelly ...... To establish a collaborative 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 Associate 

Attorney General Thomas Perrelli.

To discuss police corruption arrests in October 2010 

and police reform efforts. 

January 2011 ................................... DOJ, Assistant Attorney General Thomas Perez ..... To discuss PR Police Reforms and the USDOJ Investigation. 
46 

TIMELINE FOR GOVERNOR LUIS FORTUN ̃ O’S MEETINGS WITH: U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND 

SECURITY, CONGRESSIONAL MEMBERS, AND OTHERS—2009–2012—Continued 

Date Meetings With Purpose 

February 2011 ................................. DOJ, Assistant Attorney General Thomas Perrelli 

and various USDOJ divisions.

To discuss the efforts to reform and improve PR’s 

law enforcement 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), Deputy 

Commissioner David Aguilar.

To discuss the need for increased 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 Thomas Perez 

(Puerto Rico).

To discuss PR Police Reforms and the release of the 

USDOJ Civil Rights Division’s report on the PR Police. 

September 2011 ............................... DOJ, Assistant Attorney General Thomas Perez ..... To discuss follow-up to the USDOJ Civil Rights report on the PR Police. September 2011 ............................... DOJ, Assistant Attorney General Thomas Perrelli .. To discuss the on-going process with the Civil 

Rights Division and the President’s Task Force on Puerto Rico’s Status. 

January 2012 ................................... U.S. Senator, Marco Rubio; Seventh Coast Guard 

District Commander, Rear Admiral William D. Baumgartner; Miami Dade County Commissioner, Rebecca Sosa.

A briefing on the U.S. Coast Guard’s drug interdiction efforts. The briefing was provided by Rear 

Admiral Baumgartner, Commander of 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 Betsy Markey 

(Puerto Rico).

To discuss the Public Safety and Law Enforcement 

Working Group of the President’s Task Force. 
47 

February 2012 ................................. DOJ, Associate Attorney General Thomas Perrelli; 

White House, Director for the Domestic Policy Council Cecilia Mun ̃ oz; DHS, Deputy Secretary Jane Holl Lute; DHS, IGA Assistant Secretary Beth Markey; ONDCP, Director R. Gil Kerlikowske.

To discuss the challenges facing the U.S.-Caribbean 

Border regarding the increase in drug trafficking and violence affecting U.S. citizens in the region. 

February 2012 ................................. DOJ, Deputy Attorney General James Cole ............. To discuss the challenges facing the 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 Aguilar ............... To discuss the challenges facing the 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 Response Policy— 

Rear Admiral Cari Thomas.

To discuss the challenges facing the U.S.-Caribbean 

Border regarding the increase in drug trafficking and violence affecting U.S. citizens in the region. 

June 2012 ........................................ Joint Interagency Task Force South, Commander— 

Admiral Charles Michel; U.S. Attorney for the District of Puerto Rico, Rosa Emilia Rodrı ́guez 

(Puerto Rico).

To discuss efforts made at the State and Federal 

levels to jointly combat drug trafficking in the Caribbean region of the United States. 

June 2012 ........................................ DEA, Director of Operations Thomas Harrigan; 

DEA—Puerto Rico Director Pedro J. Janer (Puerto Rico).

To discuss the joint efforts that are taking place between the Federal and local agencies of law and 

order in Puerto Rico. 

TIMELINE ON LETTERS FROM GOVERNOR LUIS FORTUN ̃ O 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 General, 

Eric H. Holder, Jr.

To recommend the establishment of a Federal lawenforcement 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. 
48 

TIMELINE ON LETTERS FROM GOVERNOR LUIS FORTUN ̃ O TO: U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND 

SECURITY, CONGRESSIONAL MEMBERS, AND OTHERS—2010 TO 2012—Continued 

Date Sent To Purpose of Letter 

October 19, 2010 ............................. DOJ Attorney General Eric H. Holder, Jr. ............... To express the need to reform the 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, Jr. ............... To notify AG Holder of the newly-created Task 

Force by Governor Fortun ̃ o, 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 (CBP) Deputy 

Commissioner, David Aguilar.

To reiterate the importance of providing public 

safety for U.S. 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, Jr. ............... To express grave concerns about the 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 Policy, Director R. 

Gil Kerlikowski.

To express grave concerns about the 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), Janet 

Napolitano.

To express grave concerns about the continued increase in drug-related violence in PR and to 

again request the support and collaboration of DHS in combating this widespread problem. 
49 

January 18, 2012 ............................. DOJ Attorney General Eric H. Holder, Jr. ............... To request a DOJ official to serve 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 Aguilar .............. To express grave concerns about the 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 Commander, Rear 

Admiral William D. Baumgartner.

To thank rear Admiral Baumgartner for providing 

a Coast Guard 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, Rebecca Sosa .. To thank Commissioner Sosa, for her 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. Gimenez ...... To thank Mayor Gimenez, for his 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 on Puerto 

Rico Co-Chair Cecilia Mun ̃ oz.

To urge the Task Force to consider developing a 

comprehensive U.S.-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. 
50 

TIMELINE ON LETTERS FROM GOVERNOR LUIS FORTUN ̃ O TO: U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND 

SECURITY, CONGRESSIONAL MEMBERS, AND OTHERS—2010 TO 2012—Continued 

Date Sent To Purpose of Letter 

March 30, 2012 ................................ Office of National Drug Control Policy, Director R. 

Gil Kerlikowski.

To reiterate several concerns over: 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, General 

Douglas Fraser.

To request assistance in ensuring 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 Oversight, Investigations, and Management, Chairman Michael McCaul. To request that Chairman McCaul hold a hearing to underscore the role the Federal Government must play in securing all the Nation’s borders, 

including the U.S.-Caribbean Border. 
51 

[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. FORTUN ̃ O, 

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 Fortun ̃ o, it is good to see you. Thank you for being 

here. 

Governor FORTUN ̃ O. 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 
52 

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 FORTUN ̃ O. 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 
53 

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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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? 
54 

Governor FORTUN ̃ O. We are supposed to receive a percentage depending on—there is a formula. 

Mr. MARINO. Sure. 

Governor FORTUN ̃ O. 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 FORTUN ̃ O. We do have. We do have that and we could 

get that for the committee. 

Mr. MARINO. Are you receiving that? 

Governor FORTUN ̃ O. No, we are not at the level that we are supposed to. 

Mr. MARINO. All right. I will follow up on that. 

Governor FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. 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 FORTUN ̃ O. Of course. 
55 

Mr. MCCAUL. For resources and assets that is not being complied 

with? 

Governor FORTUN ̃ O. 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 firsthand 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 

Fortun ̃ o, 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 
56 

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 TexasVirgin 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 FORTUN ̃ O. 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 FORTUN ̃ O. Of course, actually, I would say, Congressman, that whatever we do in America’s Caribbean Border will have 
57 

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 FORTUN ̃ O. 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 Fortun ̃ o 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 
58 

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. 
59 

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 FORTUN ̃ O. 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. 
60 

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. 
61 

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 Enforce-
62 

ment 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, Mayagu` ez, 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-to10-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 
63 

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; overflight; 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 Jus-
64 

tice (DOJ), the Office of National Drug Control Policy’s High Intensity Drug Trafficking Area program (HIDTA), and Puerto Rico’s Fuerzas Unidas de Rapida Accio ́n (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 BESTinvestigated 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. 
65 

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. 
66 

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 
67 

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? 
68 

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—overresourced 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? 
69 

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. 
70 

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. 
71 

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, 
72 

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.] 

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