Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB834 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 834
55 To call for the immediate extradition or return to the United States of
66 convicted felon Joanne Chesimard, William ‘‘Guillermo’’ Morales, and
77 all other fugitives who are receiving safe haven in Cuba to escape pros-
88 ecution or confinement for criminal offenses committed in the United
99 States.
1010 IN THE SENATE OF THE UNITED STATES
1111 MARCH4, 2025
1212 Mr. S
1313 COTTof Florida (for himself and Mr. CRUZ) introduced the following
1414 bill; which was read twice and referred to the Committee on Foreign Relations
1515 A BILL
1616 To call for the immediate extradition or return to the United
1717 States of convicted felon Joanne Chesimard, William
1818 ‘‘Guillermo’’ Morales, and all other fugitives who are
1919 receiving safe haven in Cuba to escape prosecution or
2020 confinement for criminal offenses committed in the
2121 United States.
2222 Be it enacted by the Senate and House of Representa-1
2323 tives of the United States of America in Congress assembled, 2
2424 SECTION 1. SHORT TITLE. 3
2525 This Act may be cited as the ‘‘Frank Connor and 4
2626 Trooper Werner Foerster Justice Act’’. 5
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3030 SEC. 2. FINDINGS. 1
3131 Congress makes the following findings: 2
3232 (1) Joanne Chesimard, who is on the Federal 3
3333 Bureau of Investigation’s list of Most Wanted Ter-4
3434 rorists, is believed to be receiving safe haven in Cuba 5
3535 to escape confinement for criminal offenses com-6
3636 mitted in the United States. 7
3737 (2) On May 2, 1973, Ms. Chesimard, a member 8
3838 of the Black Liberation Army extremist organiza-9
3939 tion, and 2 accomplices opened fire on 2 New Jersey 10
4040 State troopers during a motor vehicle stop. Ms. 11
4141 Chesimard and her accomplices wounded 1 State 12
4242 trooper and executed State Trooper Werner Foerster 13
4343 at point-blank range. 14
4444 (3) After a 6-week trial in March 1977, Ms. 15
4545 Chesimard was found guilty of first-degree murder 16
4646 and sentenced to life imprisonment. On November 2, 17
4747 1979, Ms. Chesimard, aided by armed individuals 18
4848 posing as visitors, escaped from what is now the 19
4949 Edna Mahan Correctional Facility for Women and 20
5050 fled to Cuba. 21
5151 (4) William ‘‘Guillermo’’ Morales, a bomb- 22
5252 maker for the terrorist organization Fuerzas Arma-23
5353 das de Liberacio´n Nacional, is credibly believed to 24
5454 have committed numerous terrorist attacks on 25
5555 United States soil, including the bombings of 26
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5959 Fraunces Tavern in lower Manhattan on January 1
6060 25, 1975, and of the Mobil Oil employment office in 2
6161 New York on August 3, 1977. Among those killed 3
6262 in the bombing of Fraunces Tavern was Mr. Frank 4
6363 Connor of New Jersey. 5
6464 (5) Following hospitalization in Bellevue Hos-6
6565 pital in July 1978 after a bomb he was constructing 7
6666 exploded prematurely, William ‘‘Guillermo’’ Morales 8
6767 escaped to Mexico and made his way to Cuba before 9
6868 June 1988. 10
6969 (6) Other fugitives from the United States who 11
7070 have been charged with offenses, such as hijacking, 12
7171 kidnapping, drug trafficking, and murder, are be-13
7272 lieved to be receiving safe haven in Cuba. Fugitives 14
7373 from the United States who are currently residing in 15
7474 Cuba include— 16
7575 (A) Charlie Hill, a member of the Republic 17
7676 of New Afrika militant group who stands ac-18
7777 cused of killing a policeman in New Mexico in 19
7878 1971 before hijacking a passenger plane and 20
7979 obtaining asylum in Cuba; and 21
8080 (B) Victor Manuel Gerena, a member of 22
8181 the Puerto Rican terrorist group Los 23
8282 Macheteros who stole a Wells Fargo armored 24
8383 car in Connecticut containing over $7,000,000 25
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8787 in November 1983 before escaping to Cuba and 1
8888 remained on the Federal Bureau of Investiga-2
8989 tion’s Ten Most Wanted Fugitives list for more 3
9090 than 32 years. 4
9191 (7) The Treaty Between the United States and 5
9292 Cuba for the Mutual Extradition of Fugitives from 6
9393 Justice, done at Washington, DC, April 6, 1904 (33 7
9494 Stat. 2265), and the Additional Extradition Treaty 8
9595 Between the United States and Cuba, done at Ha-9
9696 vana, Cuba January 14, 1926 (44 Stat. 2392), con-10
9797 stitute bilateral extradition treaties between the 11
9898 United States and Cuba. 12
9999 (8) The Cuban regime has previously returned 13
100100 fugitives from the United States, including— 14
101101 (A) Jesse James Bell, a United States cit-15
102102 izen wanted on 15 drug charges who was re-16
103103 turned to the United States in January 2002; 17
104104 (B) Leonard B. Auerbach, a United States 18
105105 citizen wanted on Federal child sex crimes 19
106106 charges who was returned to the United States 20
107107 in June 2008; and 21
108108 (C) James Ray III, a United States citizen 22
109109 and New Jersey resident accused of murdering 23
110110 his girlfriend, who was returned to the United 24
111111 States in November 2018. 25
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115115 SEC. 3. SENSE OF CONGRESS. 1
116116 It is the sense of Congress that— 2
117117 (1) Joanne Chesimard, William ‘‘Guillermo’’ 3
118118 Morales, and all other fugitives receiving safe haven 4
119119 in Cuba to escape prosecution or confinement for 5
120120 criminal offenses committed in the United States 6
121121 must be extradited or returned immediately to the 7
122122 United States, consistent with the Cuban regime’s 8
123123 obligations pursuant to its extradition treaties with 9
124124 the United States; and 10
125125 (2) the Secretary of State and the Attorney 11
126126 General should leverage all appropriate diplomatic 12
127127 and policy tools to secure the timely extradition or 13
128128 return of all fugitives residing in Cuba to face jus-14
129129 tice in the United States. 15
130130 SEC. 4. ANNUAL REPORT AND DETERMINATION ON FUGI-16
131131 TIVES FROM THE UNITED STATES IN CUBA. 17
132132 (a) I
133133 NGENERAL.—The Secretary of State, in coordi-18
134134 nation with the Attorney General, shall raise the issue of 19
135135 fugitives from the United States receiving safe haven in 20
136136 Cuba as part of bilateral conversations with the Cuban 21
137137 regime. 22
138138 (b) R
139139 EPORT.—Not later than 180 days after the date 23
140140 of the enactment of this Act, and annually thereafter until 24
141141 the date specified in subsection (c), the Secretary of State 25
142142 shall submit a report to the Committee on Foreign Rela-26
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146146 tions of the Senate and the Committee on Foreign Affairs 1
147147 of the House of Representatives that— 2
148148 (1) identifies steps taken by the Department of 3
149149 State to advance efforts to secure the extradition or 4
150150 return of Joanne Chesimard, William ‘‘Guillermo’’ 5
151151 Morales, and other fugitives from the United States 6
152152 who are residing in Cuba; 7
153153 (2) includes a determination as to whether the 8
154154 Cuban regime is actively fulfilling its obligations 9
155155 under the bilateral extradition treaties described in 10
156156 section 2(6) between the United States and Cuba; 11
157157 and 12
158158 (3) to the extent feasible, includes an estimate 13
159159 of the number of fugitives from the United States 14
160160 who are receiving safe haven in Cuba. 15
161161 (c) S
162162 UNSET.—The Secretary of State is not required 16
163163 to submit the report described in subsection (b) after the 17
164164 date on which the Secretary submits a second consecutive 18
165165 annual report under such subsection that includes a deter-19
166166 mination that the Cuban regime— 20
167167 (1) is actively fulfilling its extradition obliga-21
168168 tions; and 22
169169 (2) is returning fugitives of the United States 23
170170 who are residing in Cuba. 24
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174174 SEC. 5. PROHIBITION ON THE USE OF INCLE FUNDING IN 1
175175 CUBA. 2
176176 Amounts deposited into the International Narcotics 3
177177 Control and Law Enforcement account to carry out the 4
178178 activities authorized under section 481(a)(4) of the For-5
179179 eign Assistance Act of 1961 (22 U.S.C. 2291(a)(4)) may 6
180180 not be used for programs or initiatives in Cuba until the 7
181181 Cuban regime is in compliance with— 8
182182 (1) the conditions set forth in paragraphs (1) 9
183183 and (2) of section 4(c) of this Act; and 10
184184 (2) the conditions set for the resumption of eco-11
185185 nomic activity between the United States and Cuba 12
186186 pursuant to law, including the Cuban Liberty and 13
187187 Democratic Solidarity (LIBERTAD) Act of 1996 14
188188 (22 U.S.C. 6021 et seq.). 15
189189 Æ
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