S. 834 — Frank Connor and Trooper Werner Foerster Justice Act

This section states congressional findings that Cuba provides safe haven to certain U.S. fugitives charged with terrorism, murder, hijacking, kidnapping, drug trafficking, and other crimes—including Joanne Chesimard (convicted of first-degree murder of a New Jersey state trooper in 1977), William “Guillermo” Morales (FALN bomb-maker responsible for attacks killing at least one person), Charlie Hill, and Victor Manuel Gerena (who stole over $7 million in 1983)—despite bilateral extradition treaties from 1904 and 1926, and notes Cuba's prior returns of other fugitives (e.g., Jesse James Bell in 2002, Leonard B. Auerbach in 2008, and James Ray III in 2018).

This section expresses the sense of Congress that (1) Joanne Chesimard, William “Guillermo” Morales, and all other fugitives receiving safe haven in Cuba must be extradited or returned immediately to the United States consistent with Cuba's extradition treaty obligations; and (2) the Secretary of State and Attorney General should leverage diplomatic and policy tools to secure their timely return.

This section requires the Secretary of State, in coordination with the Attorney General, to raise U.S. fugitives receiving safe haven in Cuba during bilateral conversations with the Cuban regime. It further requires the Secretary to submit a report to the Senate Committee on Foreign Relations and House Committee on Foreign Affairs, not later than 180 days after enactment and annually thereafter until sunset, that (1) identifies Department of State steps to secure the extradition or return of Joanne Chesimard, William “Guillermo” Morales, and other U.S. fugitives in Cuba; (2) determines whether Cuba is actively fulfilling obligations under applicable bilateral extradition treaties; and (3) estimates, to the extent feasible, the number of U.S. fugitives in Cuba. The reporting requirement sunsets after the Secretary submits two consecutive annual reports determining that Cuba is actively fulfilling its extradition obligations and returning U.S. fugitives.

This section prohibits the use of funds deposited into the International Narcotics Control and Law Enforcement (INCLE) account for activities authorized under section 481(a)(4) of the Foreign Assistance Act of 1961 (i.e., bilateral and regional narcotics control and law enforcement programs) for programs or initiatives in Cuba until the Cuban regime complies with (1) the conditions set forth in paragraphs (1) and (2) of section 4(c) of this Act; and (2) the conditions for resumption of economic activity between the United States and Cuba pursuant to law, including the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.