[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5085 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 5085

  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.


_______________________________________________________________________


                   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.

    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 ``Justice for Trooper Werner Foerster 
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 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.

SEC. 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.

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 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.
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