[Congressional Record Volume 158, Number 40 (Monday, March 12, 2012)]
[Senate]
[Pages S1577-S1579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN:
  S. 2183. A bill to provide funding for the Fugitive Extradition and 
Apprehension Trust Fund; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I am introducing legislation today that 
will help address the serious problem of fugitives who commit violent 
crimes in the United States and then flee to foreign countries.
  This problem was highlighted by a recent investigative series in the 
Chicago Tribune newspaper. The Tribune reported on a number of horrible 
crimes that were allegedly committed in Illinois by suspects who now 
live openly in foreign countries. The Tribune identified at least 129 
criminal suspects who have fled from northern Illinois over the last 
decade who remain at-large abroad. This problem appears to be growing 
steadily as our world becomes increasingly interconnected. The stories 
in the Tribune series are heartbreaking.
  Here is one example. In 2000, 19-year-old Alma Chavez was living in 
Pilsen with her family and studying to become a nurse. After she broke 
up with her boyfriend, Raul Andrade Tolentino, he came looking for her 
one early morning at her house. As he later confessed, Tolentino 
stabbed Alma several times with a knife. As she lay dying in her living 
room, Alma called 911, and the police responded and found Tolentino. 
After he was arrested, Tolentino was then released on a $20,000 bond. 
Just over a month later, Tolentino fled Illinois and eventually went to 
Mexico.
  Intent on bringing his daughter's killer back to the U.S. justice 
system, Alma's father Bonifacio Chavez repeatedly went to Mexico, 
spending his money to track down leads on Tolentino and interview 
informants to learn his whereabouts. Even though Alma's father 
eventually found Tolentino's new town in Mexico, and U.S. authorities 
issued an arrest warrant in 2007, Bonifacio Chavez died without seeing 
Tolentino face the murder charge in Illinois. To this day, Tolentino 
remains free, and the rest of the Chavez family is still waiting for 
him to be prosecuted.
  This is just one of the many cases brought to light by the Tribune 
series. What has struck me most about these international fugitive 
cases is the deep

[[Page S1578]]

sense of injustice, prolonged grief, and sometimes fear that victims 
like the Chavez family experience. They suffer not just from the 
original crime, but also from the years they spend waiting, sometimes 
fruitlessly, for those responsible to face justice.
  Illinois is not alone in experiencing a problem with international 
fugitives. This affects states across our country. In 2003, the Justice 
Department estimated that there were several thousand U.S. fugitives 
located abroad but only 1,413 were being sought for extradition. These 
numbers are unacceptable, and we must do more to ensure that these 
fugitives are captured and brought back.
  When a criminal suspect flees across our country's border, it often 
requires the involvement of the local police or sheriffs, the local 
prosecutor, the U.S. Marshals, FBI, the Justice Department, INTERPOL, 
and usually some combination of these agencies, to track down and 
extradite the suspect. These proceedings can be complicated, lengthy, 
and expensive. And when the agencies involved do not cooperate 
effectively, information can get lost between them or the process can 
become stalled for years.
  In January, I hosted a summit in Chicago to discuss ways to improve 
the apprehension and extradition of international fugitives. In 
attendance were Deputy Attorney General James Cole, U.S. Attorney 
Patrick Fitzgerald, U.S. Marshal Darryl McPherson, Cook County State's 
Attorney Anita Alvarez, Cook County Sheriff Tom Dart, and 
representatives from numerous other Federal, State and local agencies. 
With all of the stakeholders together in one room, we identified 
several key steps that would improve the situation, including more 
training for local agencies on handling fugitive cases; improved 
tracking of these cases; increased coordination between federal, state 
and local agencies; more resources dedicated to fugitive cases; and 
removing barriers to extradition with other countries.
  It was a very constructive meeting. I am pleased to report that 
progress is being made on all of these fronts. This week the Justice 
Department will hold two International Fugitive Apprehension Trainings 
for Chicago-area law enforcement and prosecutors. The trainings, led by 
the U.S. Attorney's Office, will give guidance to local agencies on how 
to locate international fugitives and bring them to justice.
  To track fugitive cases better, many of the Illinois law enforcement 
agencies and prosecutor offices have committed to reviewing their 
fugitive cases to ensure that their investigations and files are up-to-
date. This will ensure that cases do not fall off the radar screen.
  At the summit, I learned that local agencies were not sure which 
federal agency they should turn to first for assistance in a fugitive 
case. That question has now been answered by the Justice Department. 
The U.S. Marshals have been designated the first point of contact for 
Illinois agencies with fugitive cases.
  Also, the summit highlighted how information-sharing and coordination 
between Federal, State and local agencies has been a problem in the 
past. But that is being improved. The Great Lakes Regional Fugitive 
Task Force, based in Chicago, is led by the U.S. Marshals and provides 
a major source of information, resources and support to local law 
enforcement agencies in Illinois. The Task Force also helps provide 
much-needed funding to our local law enforcement agencies to buy 
equipment such as cars and radios and to pay for overtime. This type of 
funding is critical to ensuring that agencies can devote the resources 
needed to investigate and prosecute complicated and expensive fugitive 
cases.
  Right now, our Federal, State, and local law enforcement agencies are 
doing the best they can with limited budgets during these difficult 
times. Giving them a little extra help will go a long way towards 
improving their collaboration and their enforcement. We can provide 
this help at the federal level by increasing the funding for the 
primary agencies that take part or assist local agencies in the capture 
and extradition of international fugitives--the U.S. Marshals, U.S. 
Attorneys, and the Office of International Affairs.
  The bill I am introducing today, the Bringing Justice to Fugitives 
Act, would allow the Attorney General to use the money from forfeited 
bonds in federal criminal cases for these agencies' fugitive 
apprehension efforts.
  Under the bill, this money can be used by the U.S. Marshals to 
enhance their fugitive task forces and investigations. It can be used 
by U.S. Attorney's Offices to conduct trainings and pursue 
prosecutions. And it can be used by the Justice Department's Office of 
International Affairs to enhance extradition efforts.
  The amount of money involved is not huge--around $1 3 million per 
year is collected in federal bond forfeiture money. But a little money 
can go a long way in fugitive cases. Right now, the money from 
forfeited bonds is deposited into the Crime Victims Fund. It makes up 
just a tiny fraction of the total Fund. Dedicating these forfeited bond 
funds for fugitive apprehensions will help victims by bringing more 
perpetrators to justice without unduly sacrificing any of the programs 
which receive money from the Crime Victims Fund.
  My legislation does not touch any of the other sources of funding for 
the Crime Victims Fund, and I will work closely with crime victim 
support groups to ensure that their efforts are not hindered by this 
legislation.
  The bill also establishes an important principle that when criminal 
suspects flee, we will use their forfeited bond money to arrest them 
and bring them back. The victims of fugitive crimes deserve that 
justice. Because most fugitives are prosecuted by states, this 
legislation also plays a critical role by serving as a model for states 
to follow.
  I hope that the state and local jurisdictions will take similar 
action by pursuing steps to make bond forfeiture funds available for 
fugitive capture and extradition. The bottom line is that when people 
are hurt by violent crime, often one of their first wishes is to see 
their perpetrator go through the criminal justice process. The Bringing 
Fugitives to Justice Act will help these victims by guaranteeing that 
our law enforcement agencies will step up their efforts to capture more 
fugitives and bring them to justice.
  Finally, I want to mention that I am working to remove barriers to 
extradition that the Tribune series highlighted. For example, the 
Tribune pointed out that our extradition treaty with Mexico should be 
revisited so that U.S. crimes like reckless homicide can be treated as 
extraditable offenses. We also need to address differences in the two 
countries' statute of limitations periods, which can limit extradition 
in some cases.
  I met at the end of February with the Mexican Ambassador, Arturo 
Sarukhan, to discuss the need to work on these aspects of our 
extradition treaty. The Ambassador, and Mexico in general, have been 
constructive partners in our extradition efforts, and I am grateful for 
this positive relationship. I also urged the Ambassador to make sure 
that the cases highlighted by the Tribune were being pursued to the 
best of Mexico's ability. While I cannot share any details about 
specific cases, I am reassured that that message has been received.
  In short, while international fugitive cases still pose many 
challenges, we are continuing to work to improve the system at the 
state, local, Federal and international level. We are making progress, 
and the legislation I am introducing today will help.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2183

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bringing Fugitives to 
     Justice Act''.

     SEC. 2. FUGITIVE EXTRADITION AND APPREHENSION TRUST FUND.

       (a) Fugitive Extradition and Apprehension Trust Fund.--
       (1) In general.--There is created in the Treasury a 
     separate account to be known as the Fugitive Extradition and 
     Apprehension Trust Fund (referred to in this section as the 
     ``trust fund''). There shall be deposited in the trust fund 
     the proceeds of forfeited appearance bonds, bail bonds, and 
     collateral collected under section 3146 of title 18, United 
     States Code.

[[Page S1579]]

       (2) Use of funds.--Amounts deposited in the trust fund 
     pursuant to paragraph (1) shall be obligated and expended by 
     the Attorney General for the following purposes:
       (A) To the United States Marshals Service to enhance 
     efforts to investigate and apprehend fugitives from justice.
       (B) To the Offices of the United States Attorneys to 
     enhance efforts to investigate and prosecute fugitives from 
     justice.
       (C) To the Office of International Affairs in the 
     Department of Justice to coordinate the investigation and 
     extradition or other legal rendition of international 
     fugitives from justice.
       (3) Reallocation.--Any portion of an amount available under 
     this subsection which is not obligated by the Attorney 
     General by the end of the fiscal year in which funds are made 
     available for allocation, shall be reallocated for award in 
     the next fiscal year.
       (b) Fiscal Year.--Amounts shall be deposited in the trust 
     fund established in subsection (a) beginning in fiscal year 
     2013.

     SEC. 3. AMENDMENTS TO THE CRIME VICTIMS FUND.

       Section 1402(b) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10601) is amended by--
       (1) striking paragraph (3); and
       (2) redesignating paragraphs (4) and (5) as paragraphs (3) 
     and (4).
                                 ______
                                 
      By Mr. KERRY (for himself, Ms. Snowe, Mr. Rockefeller, Mr. 
        Whitehouse, and Mr. Brown of Massachusetts):
  S. 2184. A bill to provide exclusive funding to support fisheries and 
the communities that rely upon them, to clear unnecessary regulatory 
burdens and streamline Federal fisheries management, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. KERRY. Mr. President, today, along with Senator Snowe, Senator 
Whitehouse, Senator Scott Brown and Commerce Committee Chairman 
Rockefeller, I am introducing the Fisheries Investment and Regulatory 
Relief Act of 2012. In the House, I am very pleased that Congressmen 
Barney Frank and Frank Guinta will be introducing similar legislation.
  In Massachusetts, commercial fishing supports more than 77,000 jobs. 
Recreational fishing is also an important part of our maritime economy 
and our local research institutions are world-renowned.
  However, today our fishermen continue to face economic peril and they 
are deeply frustrated by science and research they do not trust. We 
have to put the broken pieces back together and restore both trust in 
Washington and economic security for this industry and the brave 
fishermen who get up every day and go out on those boats to make a 
living for their families.
  In short, we need a new path. It starts by remaking the scientific 
research process and transforming it into something that does a much 
better job of including our fishermen in the data collection that forms 
the foundation of the rules and regulations that can determine their 
future.
  We can take an important first step in improving the relationship 
between our fishermen and Federal regulators by passing the Fisheries 
Investment and Regulatory Relief Act.
  The cornerstone of this bill is returning the use of Saltonstall-
Kennedy funds to our fishermen, as was the original intent of its 
creators. In 1954, Leverett Saltonstall and John F. Kennedy, Democratic 
and Republican Senators from Massachusetts, created the Saltonstall-
Kennedy fund for fisheries research and development. Under their law, 
30 percent of the duties on imported fish products was required to be 
transferred to a grant program to benefit the U.S. fishing industry. It 
was meant to be a permanent appropriation to promote science, research, 
and the development of American fisheries. But over years of tight 
budgets the use of these funds has gotten off track: to fund other 
priorities, the money has been going to places other than it was 
originally intended.
  In 2010, the funds collected from the import of fishery products is 
estimated to be $376.6 million. Thirty percent of that total is 
approximately $113 million that should be used to improve science and 
help our fisheries. Unfortunately last year, only $8.4 million of that 
$113 million was used by National Oceanic and Atmospheric 
Administration--NOAA--for grants for fisheries research and development 
projects. The remaining funds were used by NOAA for their operations. 
This simply can not continue, especially given the current situation 
facing our fisheries. Our bill will restore the investment to help the 
fishermen and communities for whom Senators Saltonstall and Kennedy 
originally intended it to protect.
  The New England fishing industry has been facing a serious crisis due 
to declining fish stocks and increasing Federal regulations. The 
transition to a new management plan has increased mistrust between 
fishermen and the Federal Government to the highest it has ever been 
during my 27 years in the Senate.
  The Gulf of Maine cod crisis we are currently facing is emblematic of 
this distrust. Within 3 years of each other, two radically different 
stock assessments were released--the first assessment showed a species 
on the rise while the most recent survey shows a dramatic decline. Many 
of our fishermen do not believe in the new numbers because they have 
not been included in the process. This bill would provide local 
stakeholders with funding to help develop the accurate and credible 
science and stakeholder participation that we need.
  By giving stakeholders the ability to determine how Saltonstall-
Kennedy funds get spent, this bill would let New England decide what 
the unmet priorities in our fisheries research are and give them the 
funds necessary to do something about them. It could pay for things 
like side-by-side trawl surveys, done in cooperation with NOAA and our 
fishermen, so that we can find out if there are fish that are being 
missed by NOAA vessels and make sure that data gets into the 
assessments. It would allow for money to go into figuring out if there 
are more advanced tools, like long-range sonar and other fish imaging 
capabilities, which could do a better job at determining how many fish 
are in the sea. And by giving preference to public-private 
partnerships, it can help rebuild trust between fishermen and Federal 
regulators.
  Most importantly, it helps give our local fishing communities a 
bigger role in making these decisions.
  We know that every region has specific priorities that they would 
like to see funded. Under this bill, money from the Saltonstall-Kennedy 
Act would be used to implement regional fishery investment plans, which 
would be developed by the Regional Fishery Management Councils, 
released in the Federal Register for public comment, and approved by 
the Secretary of Commerce. The priorities would include everything from 
more frequent stock assessments, better recreational data, to crucial 
habitat restoration.
  This legislation will help give our fishermen a better chance to 
develop a clear, open dialogue with Federal regulators to determine we 
are up against and what we can do to fix it. It will help preserve our 
fishermen's livelihoods, their families' economic security and help 
ensure our fishing industry can survive for future generations. Most 
importantly, at a time of bitter division, it will restore trust--the 
rock upon which good governing has always been built.
  I urge my colleagues to support this legislation.

                          ____________________