II 117th CONGRESS 2d Session S. 4715 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. Short title This Act may be cited as the Trooper Werner Foerster and Frank Connor Justice Act . 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 Liberación 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. 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. 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. 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. ).