II 118th CONGRESS 2d Session S. 5085 IN THE SENATE OF THE UNITED STATES September 18, 2024 Mr. Helmy introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To condemn convicted felon, Joanne Chesimard, who is also known as Assata Shakur, and those celebrating her violent actions against New Jersey law enforcement members, to call for her immediate extradition or return to the United States from Cuba, where Ms. Chesimard is receiving safe haven to the United States to escape prosecution or confinement for criminal offenses committed in the United States, and to officially honor and commemorate the New Jersey law enforcement members killed and affected by her violent acts.

1. Short title This Act may be cited as the Justice for Trooper Werner Foerster 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 and 2 accomplices opened fire on 2 New Jersey State troopers during a motor vehicle stop. Ms. Chesimard and her accomplices wounded State trooper James Harper 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) 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. (5) 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. (6) The refusal of the Government of Cuba to extradite or otherwise render Joanne Chesimard— (A) is a deplorable example of a failure to extradite or otherwise render; and (B) has caused ongoing suffering and stress to Mr. Foerster’s surviving family and friends. 3. Sense of Congress It is the sense of Congress that— (1) Joanne Chesimard is receiving safe haven in Cuba to escape prosecution or confinement for criminal offenses committed in the United States and 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; (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 Mr. Chesimard from Cuba to face justice in the United States; and (3) New Jersey law enforcement officers, including Trooper Werner Foerster, should be officially honored and commemorated for their public service and ultimate sacrifice while protecting and safeguarding New Jersey communities. 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 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 relevant bilateral extradition treaties 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.