[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
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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.
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(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).
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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.
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