II 

117TH CONGRESS 

2D SESSION S. 4715 

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 

AUGUST 2, 2022 

Mr. MENENDEZ (for himself and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trooper Werner 

5 Foerster and Frank Connor Justice Act’’. 


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•S 4715 IS

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Joanne Chesimard, who is on the Federal 

4 Bureau of Investigation’s list of Most Wanted Ter5 rorists, is believed to be receiving safe haven in Cuba 

6 to escape confinement for criminal offenses com7 mitted in the United States. 

8 (2) On May 2, 1973, Ms. Chesimard, a member 

9 of the Black Liberation Army extremist organiza10 tion, and 2 accomplices opened fire on 2 New Jersey 

11 State troopers during a motor vehicle stop. Ms. 

12 Chesimard and her accomplices wounded 1 State 

13 trooper and executed State Trooper Werner Foerster 

14 at point-blank range. 

15 (3) After a 6-week trial in March 1977, Ms. 

16 Chesimard was found guilty of first-degree murder 

17 and sentenced to life imprisonment. On November 2, 

18 1979, Ms. Chesimard, aided by armed individuals 

19 posing as visitors, escaped from what is now the 

20 Edna Mahan Correctional Facility for Women and 

21 fled to Cuba. 

22 (4) William ‘‘Guillermo’’ Morales, a bomb23 maker for the terrorist organization Fuerzas Arma24 das de Liberacio ́n Nacional, is credibly believed to 

25 have committed numerous terrorist attacks on 

26 United States soil, including the bombings of 


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1 Fraunces Tavern in lower Manhattan on January 

2 25, 1975, and of the Mobil Oil employment office in 

3 New York on August 3, 1977. Among those killed 

4 in the bombing of Fraunces Tavern was Mr. Frank 

5 Connor of New Jersey. 

6 (5) Following hospitalization in Bellevue Hos7 pital in July 1978 after a bomb he was constructing 

8 exploded prematurely, William ‘‘Guillermo’’ Morales 

9 escaped to Mexico and made his way to Cuba before 

10 June 1988. 

11 (6) Other fugitives from the United States who 

12 have been charged with offenses, such as hijacking, 

13 kidnapping, drug trafficking, and murder, are be14 lieved to be receiving safe haven in Cuba. Fugitives 

15 from the United States who are currently residing in 

16 Cuba include— 

17 (A) Charlie Hill, a member of the Republic 

18 of New Afrika militant group who stands ac19 cused of killing a policeman in New Mexico in 

20 1971 before hijacking a passenger plane and 

21 obtaining asylum in Cuba; and 

22 (B) Victor Manuel Gerena, a member of 

23 the Puerto Rican terrorist group Los 

24 Macheteros who stole a Wells Fargo armored 

25 car in Connecticut containing over $7,000,000 


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1 in November 1983 before escaping to Cuba and 

2 remained on the Federal Bureau of Investiga3 tion’s Ten Most Wanted Fugitives list for more 

4 than 32 years. 

5 (7) The Treaty Between the United States and 

6 Cuba for the Mutual Extradition of Fugitives from 

7 Justice, done at Washington, DC, April 6, 1904 (33 

8 Stat. 2265), and the Additional Extradition Treaty 

9 Between the United States and Cuba, done at Ha10 vana, Cuba January 14, 1926 (44 Stat. 2392), con11 stitute bilateral extradition treaties between the 

12 United States and Cuba. 

13 (8) The Government of Cuba has previously re14 turned fugitives from the United States, including— 

15 (A) Jesse James Bell, a United States cit16 izen wanted on 15 drug charges who was re17 turned to the United States in January 2002; 

18 (B) Leonard B. Auerbach, a United States 

19 citizen wanted on Federal child sex crimes 

20 charges who was returned to the United States 

21 in June 2008; and 

22 (C) James Ray III, a United States citizen 

23 and New Jersey resident accused of murdering 

24 his girlfriend, who was returned to the United 

25 States in November 2018. 


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1 SEC. 3. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) Joanne Chesimard, William ‘‘Guillermo’’ 

4 Morales, and all other fugitives receiving safe haven 

5 in Cuba to escape prosecution or confinement for 

6 criminal offenses committed in the United States 

7 must be extradited or returned immediately to the 

8 United States, consistent with the Government of 

9 Cuba’s obligations pursuant to its extradition trea10 ties with the United States; and 

11 (2) the Secretary of State and the Attorney 

12 General should leverage all appropriate diplomatic 

13 and policy tools to secure the timely extradition or 

14 return of all fugitives residing in Cuba to face jus15 tice in the United States. 

16 SEC. 4. ANNUAL REPORT AND DETERMINATION ON FUGI17 TIVES FROM THE UNITED STATES IN CUBA. 

18 (a) IN GENERAL.—The Secretary of State, in coordi19 nation with the Attorney General, shall raise the issue of 

20 fugitives from the United States receiving safe haven in 

21 Cuba as part of bilateral conversations with the Govern22 ment of Cuba. 

23 (b) REPORT.—Not later than 180 days after the date 

24 of the enactment of this Act, and annually thereafter until 

25 the date specified in subsection (c), the Secretary of State 

26 shall submit a report to the Committee on Foreign RelaVerDate Sep 11 2014 02:20 Aug 06, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715

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1 tions of the Senate and the Committee on Foreign Affairs 

2 of the House of Representatives that— 

3 (1) identifies steps taken by the Department of 

4 State to advance efforts to secure the extradition or 

5 return of Joanne Chesimard, William ‘‘Guillermo’’ 

6 Morales, and other fugitives from the United States 

7 who are residing in Cuba; 

8 (2) includes a determination as to whether the 

9 Government of Cuba is actively fulfilling its obliga10 tions under the bilateral extradition treaties de11 scribed in section 2(6) between the United States 

12 and Cuba; and 

13 (3) to the extent feasible, includes an estimate 

14 of the number of fugitives from the United States 

15 who are receiving safe haven in Cuba. 

16 (c) SUNSET.—The Secretary of State is not required 

17 to submit the report described in subsection (b) after the 

18 date on which the Secretary submits a second consecutive 

19 annual report under such subsection that includes a deter20 mination that the Government of Cuba— 

21 (1) is actively fulfilling its extradition obliga22 tions; and 

23 (2) is returning fugitives of the United States 

24 who are residing in Cuba. 


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1 SEC. 5. PROHIBITION ON THE USE OF INCLE FUNDING IN 

2 CUBA. 

3 Amounts deposited into the International Narcotics 

4 Control and Law Enforcement account to carry out the 

5 activities authorized under section 481(a)(4) of the For6 eign Assistance Act of 1961 (22 U.S.C. 2291(a)(4)) may 

7 not be used for programs or initiatives in Cuba until the 

8 Government of Cuba is in compliance with— 

9 (1) the conditions set forth in paragraphs (1) 

10 and (2) of section 4(c) of this Act; and 

11 (2) the conditions set for the resumption of eco12 nomic activity between the United States and Cuba 

13 pursuant to law, including the Cuban Liberty and 

14 Democratic Solidarity (LIBERTAD) Act of 1996 

15 (22 U.S.C. 6021 et seq.). 

Æ 


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