Trooper Werner Foerster and Frank Connor Justice Act
Bill: S.4715 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: International Affairs

Summary:
Trooper Werner Foerster and Frank Connor Justice Act
This bill directs the Department of State, in coordination with the Department of Justice, to raise the issue of fugitives from the United States receiving safe haven in Cuba as part of bilateral conversations with Cuba.
The bill prohibits amounts in the International Narcotics Control and Law Enforcement account from being used in Cuba until Cuba meets conditions related to fugitives and economic activity.

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 ``Trooper Werner Foerster and Frank 
Connor 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 Government of Cuba 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 Government of Cuba'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 Government of Cuba.
    (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 Government 
        of Cuba 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 Government of Cuba--
            (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 Government of Cuba 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.).
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