[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5117 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5117
To call for the immediate extradition or return to the United States of
convicted felon Joanne Chesimard, William ``Guillermo'' Morales, and
all other fugitives who are receiving safe haven in Cuba to escape
prosecution or confinement for criminal offenses committed in the
United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2024
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To call for the immediate extradition or return to the United States of
convicted felon Joanne Chesimard, William ``Guillermo'' Morales, and
all other fugitives who are receiving safe haven in Cuba to escape
prosecution or confinement for criminal offenses committed in the
United States.
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 ``Frank Connor and Trooper Werner
Foerster Justice Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Joanne Chesimard, who is on the Federal Bureau of
Investigation's list of Most Wanted Terrorists, is believed to
be receiving safe haven in Cuba to escape confinement for
criminal offenses committed in the United States.
(2) On May 2, 1973, Ms. Chesimard, a member of the Black
Liberation Army extremist organization, and 2 accomplices
opened fire on 2 New Jersey State troopers during a motor
vehicle stop. Ms. Chesimard and her accomplices wounded 1 State
trooper and executed State Trooper Werner Foerster at point-
blank range.
(3) After a 6-week trial in March 1977, Ms. Chesimard was
found guilty of first-degree murder and sentenced to life
imprisonment. On November 2, 1979, Ms. Chesimard, aided by
armed individuals posing as visitors, escaped from what is now
the Edna Mahan Correctional Facility for Women and fled to
Cuba.
(4) William ``Guillermo'' Morales, a bomb-maker for the
terrorist organization Fuerzas Armadas de Liberacion Nacional,
is credibly believed to have committed numerous terrorist
attacks on United States soil, including the bombings of
Fraunces Tavern in lower Manhattan on January 25, 1975, and of
the Mobil Oil employment office in New York on August 3, 1977.
Among those killed in the bombing of Fraunces Tavern was Mr.
Frank Connor of New Jersey.
(5) Following hospitalization in Bellevue Hospital in July
1978 after a bomb he was constructing exploded prematurely,
William ``Guillermo'' Morales escaped to Mexico and made his
way to Cuba before June 1988.
(6) Other fugitives from the United States who have been
charged with offenses, such as hijacking, kidnapping, drug
trafficking, and murder, are believed to be receiving safe
haven in Cuba. Fugitives from the United States who are
currently residing in Cuba include--
(A) Charlie Hill, a member of the Republic of New
Afrika militant group who stands accused of killing a
policeman in New Mexico in 1971 before hijacking a
passenger plane and obtaining asylum in Cuba; and
(B) Victor Manuel Gerena, a member of the Puerto
Rican terrorist group Los Macheteros who stole a Wells
Fargo armored car in Connecticut containing over
$7,000,000 in November 1983 before escaping to Cuba and
remained on the Federal Bureau of Investigation's Ten
Most Wanted Fugitives list for more than 32 years.
(7) The Treaty Between the United States and Cuba for the
Mutual Extradition of Fugitives from Justice, done at
Washington, DC, April 6, 1904 (33 Stat. 2265), and the
Additional Extradition Treaty Between the United States and
Cuba, done at Havana, Cuba January 14, 1926 (44 Stat. 2392),
constitute bilateral extradition treaties between the United
States and Cuba.
(8) The Cuban regime has previously returned fugitives from
the United States, including--
(A) Jesse James Bell, a United States citizen
wanted on 15 drug charges who was returned to the
United States in January 2002;
(B) Leonard B. Auerbach, a United States citizen
wanted on Federal child sex crimes charges who was
returned to the United States in June 2008; and
(C) James Ray III, a United States citizen and New
Jersey resident accused of murdering his girlfriend,
who was returned to the United States in November 2018.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Joanne Chesimard, William ``Guillermo'' Morales, and
all other fugitives receiving safe haven in Cuba to escape
prosecution or confinement for criminal offenses committed in
the United States must be extradited or returned immediately to
the United States, consistent with the Cuban regime's
obligations pursuant to its extradition treaties with the
United States; and
(2) the Secretary of State and the Attorney General should
leverage all appropriate diplomatic and policy tools to secure
the timely extradition or return of all fugitives residing in
Cuba to face justice in the United States.
SEC. 4. ANNUAL REPORT AND DETERMINATION ON FUGITIVES FROM THE UNITED
STATES IN CUBA.
(a) In General.--The Secretary of State, in coordination with the
Attorney General, shall raise the issue of fugitives from the United
States receiving safe haven in Cuba as part of bilateral conversations
with the Cuban regime.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until the date specified
in subsection (c), the Secretary of State shall submit a report to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives that--
(1) identifies steps taken by the Department of State to
advance efforts to secure the extradition or return of Joanne
Chesimard, William ``Guillermo'' Morales, and other fugitives
from the United States who are residing in Cuba;
(2) includes a determination as to whether the Cuban regime
is actively fulfilling its obligations under the bilateral
extradition treaties described in section 2(6) between the
United States and Cuba; and
(3) to the extent feasible, includes an estimate of the
number of fugitives from the United States who are receiving
safe haven in Cuba.
(c) Sunset.--The Secretary of State is not required to submit the
report described in subsection (b) after the date on which the
Secretary submits a second consecutive annual report under such
subsection that includes a determination that the Cuban regime--
(1) is actively fulfilling its extradition obligations; and
(2) is returning fugitives of the United States who are
residing in Cuba.
SEC. 5. PROHIBITION ON THE USE OF INCLE FUNDING IN CUBA.
Amounts deposited into the International Narcotics Control and Law
Enforcement account to carry out the activities authorized under
section 481(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(a)(4)) may not be used for programs or initiatives in Cuba until
the Cuban regime is in compliance with--
(1) the conditions set forth in paragraphs (1) and (2) of
section 4(c) of this Act; and
(2) the conditions set for the resumption of economic
activity between the United States and Cuba pursuant to law,
including the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.).
<all>