Walter Patterson and Werner Foerster Justice and Extradition Act

I 118TH CONGRESS 1ST SESSION H. R. 3536 To direct the President to submit to Congress a report on fugitives currently residing in other countries whose extradition is sought by the United States and related matters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 18, 2023 Mr. SMITH of New Jersey (for himself, Mr. MCCAUL, Mr. KEAN of New Jer- sey, Mr. FITZPATRICK, Ms. SALAZAR, Mr. PASCRELL, and Mr. VAN DREW) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To direct the President to submit to Congress a report on fugitives currently residing in other countries whose extradition is sought by the United States and related matters, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Walter Patterson and 4 Werner Foerster Justice and Extradition Act’’. 5 SEC. 2. FINDINGS AND PURPOSE. 6 (a) FINDINGS.—Congress finds the following: 7 VerDate Sep 11 2014 23:24 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3536.IH H3536 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3536 IH (1) Extradition is the formal surrender of a 1 person by one state to another state for prosecution 2 or punishment. 3 (2) Refusal by other nations to extradite or oth- 4 erwise render to the United States fugitives within 5 their jurisdiction who have been convicted of com- 6 mitting crimes on United States soil impedes the ju- 7 dicial process and undermines the rule of law. 8 (3) The United States has bilateral extradition 9 treaties with more than 100 nations and an extra- 10 dition agreement with the European Union. 11 (4) The United States has bilateral extradition 12 treaties with Portugal and Cuba. 13 (5) The failure to bring criminal fugitives to 14 justice in the United States is an affront to the vic- 15 tims of those crimes. 16 (6) The refusal of Portugal, a close ally and 17 good friend of the United States, to extradite George 18 Wright, convicted of the 1962 murder of Walter 19 Patterson, fugitive from justice since his 1970 es- 20 cape from the Bayside State Prison in New Jersey, 21 is a deplorable example of a failure to extradite, and 22 has caused ongoing suffering and stress to Mr. Pat- 23 terson’s surviving family and friends. 24 VerDate Sep 11 2014 23:24 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3536.IH H3536 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3536 IH (7) The refusal of Cuba to extradite or other- 1 wise render Joanne Chesimard, an escaped convict 2 who fled to Cuba after killing Werner Foerster, New 3 Jersey State Trooper, is a deplorable example of a 4 failure to extradite or otherwise render, and has 5 caused ongoing suffering and stress to Mr. 6 Foerster’s surviving family and friends. 7 (8) The refusals to extradite George Wright 8 and Joanne Chesimard are emblematic of a number 9 of such refusals from other nations, such that 10 United States policies and efforts to secure extra- 11 dition and the extradition policies of countries from 12 which the United States seeks extradition and ren- 13 dition bear further examination. 14 (9) Such examination will be promoted by the 15 issuance of a public report on the status of extra- 16 dition requests by the United States and related 17 matters. 18 (b) PURPOSE.—The purpose of this Act is to provide 19 information necessary to evaluate and thereby strengthen 20 United States Government efforts to extradite fugitives. 21 SEC. 3. SENSE OF CONGRESS. 22 It is the sense of Congress that in meetings with for- 23 eign officials of countries from which the United States 24 seeks the extradition of fugitives, United States ambas- 25 VerDate Sep 11 2014 23:24 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3536.IH H3536 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3536 IH sadors and other senior officials should prioritize advocacy 1 on fulfilling United States extradition requests, including 2 extradition of George Wright, an escaped convict and the 3 murderer of Walter Patterson of New Jersey, and Joanne 4 Chesimard, an escaped convict and the murderer of New 5 Jersey State Trooper Werner Foerster. 6 SEC. 4. REPORT. 7 (a) IN GENERAL.—Not later than 270 days after the 8 date of the enactment of this Act and not later than the 9 end of each 12-month period thereafter, the President 10 shall submit to the appropriate congressional committees 11 a report on the following: 12 (1) The number of fugitives, and others with 13 respect to whom the United States Government is 14 seeking extradition or rendition, currently residing 15 in other countries whose extradition is sought by the 16 United States and a list of those countries. 17 (2) Diplomatic and other efforts, if any, the 18 United States has undertaken to secure the return 19 of such fugitives. 20 (3) The average length of time these cases have 21 been outstanding. 22 (4) How many of these cases have been resolved 23 to the satisfaction of the United States. 24 VerDate Sep 11 2014 23:24 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3536.IH H3536 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3536 IH (5) Factors that have been barriers to the reso- 1 lution of these cases. 2 (6) Information on the number of United States 3 citizens whose extradition has been sought by other 4 countries during the past five years, a list of those 5 countries seeking such extradition, and the outcomes 6 of those requests. 7 (b) FORM.—The report required by subsection (a) 8 shall be submitted in unclassified form, but may include 9 a classified annex if necessary. 10 (c) DEFINITION.—In this section, the term ‘‘appro- 11 priate congressional committees’’ means— 12 (1) the Committee on Foreign Affairs and the 13 Committee on the Judiciary of the House of Rep- 14 resentatives; and 15 (2) the Committee on Foreign Relations and 16 the Committee on the Judiciary of the Senate. 17 Æ VerDate Sep 11 2014 23:24 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3536.IH H3536 pbinns on DSKJLVW7X2PROD with $$_JOB