[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5686 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5686

 To prevent ethnic cleansing and atrocities against ethnic Armenians, 
 promote accountability for the same, protect and provide humanitarian 
  assistance to Armenians in Armenia and Nagorno-Karabakh impacted by 
 actions taken by the Government of Azerbaijan, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2023

 Mr. Smith of New Jersey (for himself, Mr. Bilirakis, and Mr. Sherman) 
 introduced the following bill; which was referred to the Committee on 
Foreign Affairs, and in addition to the Committee on the Judiciary, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prevent ethnic cleansing and atrocities against ethnic Armenians, 
 promote accountability for the same, protect and provide humanitarian 
  assistance to Armenians in Armenia and Nagorno-Karabakh impacted by 
 actions taken by the Government of Azerbaijan, and for other purposes.

    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 ``Preventing Ethnic Cleansing and 
Atrocities in Nagorno-Karabakh Act of 2023''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In September 2020, Azerbaijan invaded Nagorno-Karabakh, 
        resulting in conflict in which more than 6,500 people in 
        Armenia, Azerbaijan, and Nagorno-Karabakh were killed.
            (2) According to the United Nations High Commissioner for 
        Refugees (UNHCR), Azerbaijan's 2020 invasion resulted in the 
        displacement of more than 91,000 individuals from Nagorno-
        Karabakh, with the vast majority, primarily women and children, 
        living in a ``refugee-like'' situation in the war's aftermath.
            (3) People displaced by Azerbaijan's invasion of Nagorno-
        Karabakh continue to have acute humanitarian needs, including 
        access to drinking water and health care.
            (4) Human Rights Watch found that Azerbaijani forces 
        indiscriminately used cluster munitions and artillery rockets 
        against civilian targets and destroyed civilian infrastructure, 
        including hospitals and schools during the 2020 war.
            (5) In September 2022, Azerbaijan unleashed another assault 
        on Armenian territory, including the cities of Vardenis, Sotk, 
        Artanish, Ishkhanasar, Goris, and Kapan, which killed almost 
        400 military personnel.
            (6) Azerbaijani forces shelled Armenian communities in 
        September 2022, killing at least 4 civilians, injuring 14, and 
        displacing at least 7,600 people, including almost 1,500 
        children and 100 people with disabilities.
            (7) In December 2022, Azerbaijan imposed a blockade of the 
        Lachin Corridor, a road by which 90 percent of food consumed by 
        residents of Nagorno-Karabakh previously entered the enclave.
            (8) The International Court of Justice ordered Azerbaijan 
        in February 2023 to ``ensure unimpeded movement of persons, 
        vehicles, and cargo along the Lachin Corridor in both 
        directions'', a ruling with which it has failed to comply.
            (9) Azerbaijan's installation of a military checkpoint in 
        the Lachin Corridor in April 2023 further threatened the supply 
        of urgent humanitarian goods to Nagorno-Karabakh.
            (10) On August 6, 2023, the Armenian Ombudsperson reported 
        that no humanitarian aid had entered Nagorno-Karabakh since 
        June 15, and that miscarriages had tripled.
            (11) On August 7, 2023, a United Nations group of experts 
        stated that Azerbaijan's ongoing blockade of the Lachin 
        Corridor ``is a humanitarian emergency that has created severe 
        shortages of essential food staples'' and threatens medical 
        reserves.
            (12) On August 7, 2023, Luis Moreno Ocampo, former 
        Prosecutor of the International Criminal Court (2003-2012) 
        released an Expert Opinion that the actions of the Government 
        of Azerbaijan toward ethnic Armenians in Nagorno-Karabakh 
        constituted the crime of genocide under the Genocide 
        Convention, and urged that members of the United Nations 
        Security Council seek to refer the matter to the International 
        Criminal Court for investigation and prosecution under the 
        Genocide Convention.
            (13) In certain instances, Azerbaijani authorities have 
        detained residents of Nagorno-Karabakh traveling to Armenia 
        through the Lachin Corridor, leaving ethnic Armenians who 
        choose to depart for Armenia to avoid starvation to wonder if 
        they can depart safely.
            (14) According to the International Committee of the Red 
        Cross, residents of Nagorno-Karabakh lack life-saving 
        medication, hygiene products, and baby formula, and basic 
        foodstuffs are increasingly scarce.
            (15) The United States Commission on International 
        Religious Freedom's 2023 Annual Report noted the documented 
        destruction of Armenian heritage sites in Nagorno-Karabakh, 
        including St. Sargis Church, while the European Parliament in 
        March 2023 condemned an Azerbaijani policy to ``erase and deny 
        Armenian cultural heritage in and around Nagorno-Karabakh''.
            (16) In a September 2022 report, the United Nations 
        Committee on the Elimination of Racial Discrimination expressed 
        deep concern in Azerbaijan regarding ``[i]ncitement to racial 
        hatred and the propagation of racist stereotypes against 
        persons of Armenian national or ethnic origin, including on the 
        Internet and social media, as well as by public figures and 
        government officials, and the lack of detailed information on 
        investigations, prosecutions, convictions, and sanctions for 
        such acts''.
            (17) Any peace agreement between Armenia and Azerbaijan 
        will only be sustainable if its includes protections for the 
        Armenian population of Nagorno-Karabakh.
            (18) On September 19, 2023, Azerbaijan launched an assault 
        on Nagorno-Karabakh, and in the first days of that attack 
        killed more than 200 civilians, including children, and 
        wounding 400.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) long-standing U.S. policy not to recognize changes to 
        borders or political status that a party to a conflict attempts 
        to make by force or aggression should be applied in relation to 
        Azerbaijan, Nagorno-Karabakh, and Armenia;
            (2) long-standing U.S. policy has been and should remain to 
        facilitate a negotiated settlement of Nagorno-Karabakh's 
        political status, neither recognizing Azerbaijan's claim to 
        sovereign authority over Nagorno-Karabakh, nor Nagorno-
        Karabakh's claim to independence, but to promote resolution of 
        the question of its status through negotiation within the OSCE 
        Minsk Group;
            (3) the U.S. should not recognize any settlement of 
        Nagorno-Karabakh's political status that is achieved as a 
        consequence of Azerbaijan's military invasion of Nagorno-
        Karabakh in 2020, its blockade of Nagorno-Karabakh since 
        December 12, 2022, or the invasion that began on September 19, 
        2023, or its threats and coercion of Armenian leaders in 
        Nagorno-Karabakh, including by creating an atmosphere of 
        terror;
            (4) numerous documented reports and evidences of 
        atrocities, war crimes, crimes against humanity, and genocide 
        committed by Azerbaijan in and around Nagorno-Karabakh should 
        be investigated and those responsible should be held 
        accountable, and the U.S. should play a leading role in 
        promoting this process;
            (5) due to credible reports of ongoing atrocities against 
        ethnic Armenians following the Azerbaijani invasion of Artsakh 
        that began on September 19, 2023, the U.S. should press for 
        immediate access by international observers, including U.S. 
        diplomats, to promote verification of these reports;
            (6) the United States should direct the United States 
        Representative to the United Nations to use the voice, vote, 
        and influence of the United States to refer the actions of the 
        Government of Azerbaijan toward ethnic Armenians in Nagorno-
        Karabakh to the International Criminal Court for investigation 
        and prosecution under the Genocide Convention;
            (7) Azerbaijan is conducting a campaign of ethnic cleansing 
        against Armenians living in Nagorno-Karabakh and the United 
        States and the international community have a responsibility to 
        provide immediate humanitarian support;
            (8) the Government of Azerbaijan must immediately cease 
        actions that undermine the mission of the International 
        Committee of the Red Cross and restore unfettered humanitarian 
        access to the region, including by facilitating the transfer of 
        food, fuel, medicine, and hygiene products; and
            (9) the Government of Azerbaijan should immediately release 
        all Armenian prisoners of war.

SEC. 4. HUMANITARIAN ASSISTANCE FOR ARMENIANS IN ARMENIA AND NAGORNO-
              KARABAKH.

    There is authorized to be appropriated to the United States Agency 
for International Development, for fiscal year 2024, $30,000,000 to 
provide humanitarian assistance to groups in Armenia and Nagorno-
Karabakh impacted by the 2020 Nagorno-Karabakh War, Azerbaijan's 
September 2022 attack on Armenia, and Azerbaijan's blockade of the 
Lachin Corridor.

SEC. 5. FREEDOM SUPPORT ACT SECTION 907 WAIVER REPEAL.

    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2002 (Public Law 107-115) (22 U.S.C. 5812 
note) is amended, under the heading ``assistance for the independent 
states of the former soviet union'', by striking paragraphs (2) through 
(6) of subsection (g).

SEC. 6. FOREIGN MILITARY FINANCING.

    (a) Authorization.--There is authorized to be appropriated 
$12,000,000 for the Department of State for fiscal year 2024 for 
Foreign Military Financing program assistance for the Republic of 
Armenia.
    (b) Purposes.--The Foreign Military Financing program assistance 
authorized by subsection (a) shall be used to--
            (1) support Armenia's sovereign independence;
            (2) support joint training and exercises with the United 
        States;
            (3) enhance United States-Armenia interoperability; and
            (4) train Armenian forces for future international 
        peacekeeping operations.

SEC. 7. STRATEGY TO PROTECT THE RIGHTS OF PEOPLE IN NAGORNO-KARABAKH.

    (a) Strategy Required.--Not later than 45 days after the date of 
the enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a detailed strategy to ensure the 
durable security for the people of Nagorno-Karabakh.
    (b) Elements.--The strategy required by subsection (a) shall 
include--
            (1) incorporating the rights and security of the people in 
        Nagorno-Karabakh into any and all efforts to facilitate peace 
        talks between Armenia and Azerbaijan, including the right of 
        the ethnic Armenians to live safely in Nagorno-Karabakh; and
            (2) a plan to work with leaders of Nagorno-Karabakh and the 
        international community to ensure--
                    (A) the establishment of accountability measures to 
                ensure the rights and security of the population of 
                Nagorno-Karabakh in the event that the Governments of 
                Armenia and Azerbaijan reach a peace agreement;
                    (B) the stationing of U.S. diplomats in Nagorno-
                Karabakh in order that they can observe, interact with 
                and receive reports from inhabitants;
                    (C) support for the protection of Armenian cultural 
                heritage sites in Nagorno-Karabakh, including the 24-
                hour video monitoring of those sites;
                    (D) Armenians in Nagorno-Karabakh are able maintain 
                their right to study according to a curriculum designed 
                by local representatives, worship according to their 
                chosen religious beliefs, and speak their preferred 
                language; and
                    (E) the survival of Armenian cultural heritage in 
                Nagorno-Karabakh, including monasteries, churches, and 
                cemeteries.

SEC. 8. ACCOUNTABILITY FOR ALLEGED AZERBAIJANI ATROCITIES DURING 
              SEPTEMBER 2022 ATTACK ON ARMENIA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a detailed report regarding 
evidence that Azerbaijan and its proxies violated international 
humanitarian law and committed atrocities and war crimes during its 
attacks on Armenia in September 2022 and on Nagorno-Karabakh in 
September 2023.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A description of the status of efforts to investigate, 
        verify, and promote accountability for alleged atrocities, 
        including war crimes and crimes against humanity that 
        Azerbaijani forces committed during the course of Azerbaijan's 
        attacks on Armenia in September 2022 and on Nagorno-Karabakh in 
        September 2023, and a description of any documented atrocities 
        to date.
            (2) A description of United States support for efforts to 
        investigate, verify, and promote accountability for alleged 
        atrocities, including war crimes and crimes against humanity 
        that Azerbaijani forces committed during the course of attacks 
        on Armenia in September 2022 and on Nagorno-Karabakh in 
        September 2023.
            (3) A description of efforts to promote justice for victims 
        of alleged atrocities, including statements by civilians who 
        were victimized.
            (4) A strategy for diplomatic engagement to build support 
        multilaterally for widespread accountability for these 
        atrocities, including multilateral engagements, economic 
        sanctions, and visa restrictions, and freezing of foreign 
        assets by the perpetrators and their family members.
            (5) Plans to deter future Azerbaijani attacks against 
        Armenia by expanding U.S.-Armenia joint exercises and other 
        forms of security cooperation.

SEC. 9. ENHANCED REPORTING RE INCITEMENT TO ETHNIC HATRED AND VIOLENCE, 
              HUMAN RIGHTS VIOLATIONS, ATROCITIES, WAR CRIMES, CRIMES 
              AGAINST HUMANITY AND GENOCIDE.

    The State Department shall assess incitement of ethnic hatred and 
violence, human rights violations, atrocities, war crimes, violations 
of international humanitarian law, crimes against humanity, and 
genocide, including elements of these crimes committed in Nagorno-
Karabakh and surrounding areas of Azerbaijan in relation to the 
conflict over Nagorno-Karabakh since January 1, 2020. Such enhanced 
reporting shall include gathering and evaluating evidence, including 
that which is publicly available on Columbia University's Artsakh 
Atrocities website, and including a description of documented 
atrocities, and should also include information on perpetrators in 
Azerbaijan's Armed Forces, as well as militias including Islamist armed 
groups engaged on the ground.
     (1) Such enhanced reporting shall be made available on the website 
of the State Department.
    (2) Evidence gathered pursuant to subsection (a) shall be available 
to appropriate law enforcement or judicial authorities, including 
appropriate national, regional or international justice mechanisms for 
use as evidence to support the indictment and trial of any persons 
responsible for human rights abuses including incitement to hatred, 
violence, atrocities, ethnic cleansing, war crimes, crimes against 
humanity and genocide.

SEC. 10. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE 
              GOVERNMENT OF AZERBAIJAN RELATED TO ETHNIC CLEANSING IN 
              NAGORNO-KARABAKH.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, and after making the determination required by 
subsection (c), the President shall impose sanctions described in 
subsection (d) with respect to each official of the Government of 
Azerbaijan--
            (1) specified in subsection (b); or
            (2) determined by the President under subsection (c) to 
        have directed an attack or the blockade described in that 
        subsection.
    (b) Officials Specified.--The officials specified in this 
subsection are the following:
            (1) The President of Azerbaijan.
            (2) The Minister of Defense of Azerbaijan.
            (3) The Minister of Defense Industry of Azerbaijan.
            (4) The Chief of the State Border Service of Azerbaijan.
            (5) The Chief of the State Security Service of Azerbaijan.
            (6) The Chief of the Foreign Intelligence Service of 
        Azerbaijan.
    (c) Identification of Additional Officials.--Not later than 30 days 
after the date of the enactment of this Act, the President shall 
determine whether any officials of the Government of Azerbaijan, in 
addition to the officials specified in subsection (b), directed--
            (1) operations that instigated the 2020 Nagorno-Karabakh 
        War;
            (2) attacks on Armenia in September 2022;
            (3) the blockade of the Lachin Corridor beginning in 
        December 2022; or
            (4) attacks on Nagorno-Karabakh in September 2023.
    (d) Sanctions Described.--The sanctions to be imposed under 
subsection (a) with respect to an official described in that subsection 
include any of the sanctions authorized under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Global 
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656), or any 
other provision of law.
    (e) National Security Waiver.--The President may waive the 
imposition of sanctions under this section with respect to an official 
described in subsection (a) if the President--
            (1) determines that such a waiver is in the national 
        security interests of the United States; and
            (2) submits to the appropriate congressional committees a 
        notification of the waiver and the reasons for the waiver.

SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.
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