Frank Connor and Trooper Werner Foerster Justice Act

Bill Number

S. 834

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-03-04: Read twice and referred to the Committee on Foreign Relations.

Last Updated

2025-05-13T15:03:16Z

AI-Generated Summary

Purpose

The legislation, titled the "Frank Connor and Trooper Werner Foerster Justice Act," aims to pressure Cuba to extradite or return specific U.S. fugitives—particularly convicted felon Joanne Chesimard (also known as Assata Shakur) and William "Guillermo" Morales—who are accused of serious crimes like murder and terrorism committed in the United States, as well as other similar fugitives hiding there. It invokes existing U.S.-Cuba extradition treaties and seeks to enforce accountability through diplomatic efforts and funding restrictions.

Key Provisions

• Findings Section: Documents historical crimes, including Chesimard's 1973 involvement in the shooting death of New Jersey State Trooper Werner Foerster, her 1977 murder conviction and 1979 escape to Cuba, and Morales' role in 1970s bombings that killed Frank Connor and others. It also lists other fugitives in Cuba accused of hijacking, kidnapping, drug trafficking, and murder (e.g., Charlie Hill and Victor Manuel Gerena), notes existing U.S.-Cuba extradition treaties from 1904 and 1926, and highlights past Cuban returns of U.S. fugitives.
• Sense of Congress: Expresses that Chesimard, Morales, and all other U.S. fugitives in Cuba must be immediately returned under treaty obligations. It urges the Secretary of State and Attorney General to use diplomatic and policy tools to achieve this.
• Annual Reporting Requirement: The Secretary of State, in coordination with the Attorney General, must raise the fugitives issue in U.S.-Cuba talks. Within 180 days of enactment and annually thereafter, submit a report to Senate Foreign Relations and House Foreign Affairs Committees detailing:
• Steps taken to secure extraditions (focusing on Chesimard, Morales, and others).
• Whether Cuba is fulfilling its extradition treaty obligations.
• An estimate of the total number of U.S. fugitives in Cuba.

Reporting ends after two consecutive years if the Secretary determines Cuba is complying and actively returning fugitives.

• Funding Prohibition: Prohibits use of U.S. International Narcotics Control and Law Enforcement (INCLE) funds—intended for anti-drug and law enforcement programs abroad—in Cuba until Cuba meets extradition conditions and complies with broader U.S. laws restricting economic activity with Cuba, such as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.

Significant Changes to Existing Law

• Introduces a mandatory annual reporting mechanism on U.S. fugitives in Cuba, which did not previously exist in this specific form, tying it directly to treaty compliance assessments.
• Adds a new condition for withholding INCLE funds from Cuba, linking anti-crime aid to extradition performance and referencing the LIBERTAD Act's embargo conditions. This builds on but does not alter the core treaties or the LIBERTAD Act itself.

Potential Impacts

• Government Agencies: Increases workload for the Department of State and Department of Justice in diplomatic negotiations, reporting, and monitoring Cuba. Could limit U.S. funding for narcotics and law enforcement programs in Cuba, redirecting resources elsewhere.
• Citizens: May lead to the return of fugitives for prosecution, providing closure for victims' families (e.g., those of Foerster and Connor) and reinforcing U.S. criminal justice. However, it could indirectly affect U.S. citizens involved in anti-drug efforts if programs in Cuba are paused.
• International Relations: Strains U.S.-Cuba bilateral ties by escalating pressure on extraditions, potentially hindering normalization efforts or cooperation on other issues like migration or counter-narcotics. If Cuba complies, it could improve relations; non-compliance might justify sustained sanctions.

Main Stakeholders Affected

• U.S. Government Officials: Secretary of State, Attorney General, and congressional committees (Foreign Relations and Foreign Affairs) responsible for oversight and diplomacy.
• Cuban Government: Directly pressured to fulfill treaties and return fugitives, facing potential loss of U.S. aid.
• Fugitives and Their Associates: Individuals like Chesimard and Morales (on FBI most-wanted lists) face risk of extradition; groups like the Black Liberation Army or FALN may see renewed scrutiny.
• Victims' Families and Law Enforcement: Benefits groups like New Jersey State Police and families of slain officers or bombing victims through potential justice.
• Broader U.S. Public: Affected via foreign policy priorities and taxpayer-funded programs.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces the enforceability of century-old extradition treaties (1904 and 1926), treating non-compliance as a treaty violation without creating new legal obligations. The funding prohibition aligns with Congress's constitutional power over appropriations but could face challenges if seen as overly punitive.
• Constitutional: No direct conflicts, as it operates within Congress's authority to regulate foreign affairs and commerce (e.g., via the LIBERTAD Act). It promotes due process by seeking fugitives' return for U.S. trials rather than extraterritorial actions.
• Political: Signals a tough U.S. stance against Cuba harboring what the bill terms "terrorists" or criminals, appealing to law-and-order constituencies. It may politicize U.S.-Cuba relations amid ongoing debates over sanctions, potentially influencing future administrations' Cuba policy without altering core embargo laws.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Scott, Rick [R-FL]

Cosponsors (1)

Sen. Cruz, Ted [R-TX]

Recent Actions

• 2025-03-04: Read twice and referred to the Committee on Foreign Relations.
• 2025-03-04: Introduced in Senate

Bill Versions

• Frank Connor and Trooper Werner Foerster Justice Act — issued 2025-03-04 — PDF (7 pages)