[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5683 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5683
To 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. Pallone (for himself, Mr. Valadao, and Mr. Schiff) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To 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 ``Supporting Armenians Against
Azerbaijani Aggression 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) The COVID-19 pandemic compounded many of the challenges
faced by Armenians displaced from Nagorno-Karabakh.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) Representatives of Nagorno-Karabakh report that
shortages of electricity and gas have caused 20 percent of the
region's businesses to close, led hospitals to ration power,
prevented rural residents from traveling to hospitals in the
capital city of Stepanakert, and resulted in children missing
school.
(10) The International Committee of the Red Cross (ICRC)
has evacuated 196 patients from Nagorno-Karabakh through the
Lachin Corridor for medical treatment since the blockade's
beginning and has helped 422 people to overcome family
separations resulting from the blockade.
(11) 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.
(12) Azerbaijan's installation of a military checkpoint in
the Lachin Corridor in April 2023 further threatens the supply
of urgent humanitarian goods to Nagorno-Karabakh.
(13) On August 6, 2023, the Armenian Ombudsperson reported
that no humanitarian aid had entered Nagorno-Karabakh since
June 15, and that miscarriages had tripled.
(14) 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. They further noted that Azerbaijan's lifting of the
blockade could alleviate the suffering of thousands and is
``essential to ensure the safety, dignity, and well-being of
all individuals during this critical time''.
(15) 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.
(16) 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.
(17) 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''.
(18) 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''.
(19) Azerbaijan could open the Lachin Corridor and allow
lifesaving provisions to reach the population inside, but is
choosing not to.
(20) Any peace agreement between Armenia and Azerbaijan
will only be sustainable if its includes protections for the
Armenian population of Nagorno-Karabakh.
(21) On September 19, 2023, Azerbaijan launched an assault
on Nagorno-Karabakh, attacking civilian infrastructure and
killing numerous civilians, including children.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) 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;
(2) Azerbaijan's blockade of the Lachin Corridor threatens
the lives and wellbeing of all people inside Nagorno-Karabakh,
and the Government of Azerbaijan must immediately open the
humanitarian corridor to allow for the flow of goods;
(3) 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
(4) 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
$10,000,000 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 90 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; 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) support for the protection of Armenian cultural
heritage sites in Nagorno-Karabakh; and
(C) 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.
SEC. 8. ACCOUNTABILITY FOR ALLEGED AZERBAIJANI ATROCITIES DURING
SEPTEMBER 2022 ATTACK ON ARMENIA.
(a) In General.--Not later than 120 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
alleged Azerbaijani atrocities 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 any the 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
Azerbaijan's 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.
(4) A strategy for diplomatic engagement to build support
for widespread accountability for these atrocities, including
multilateral engagements, economic sanctions, and visa
restrictions.
(5) Plans to deter future Azerbaijani attacks against
Armenia.
SEC. 9. ASSISTANCE TO SUPPORT THE ENERGY SECTOR OF THE REPUBLIC OF
ARMENIA.
(a) Authority.--The Secretary of State and the Administrator of the
United States Agency for International Development are authorized to
implement activities identified in the January 2021 ``Action Plan to
Ensure Implementation of the Republic of Armenia Energy Sector
Development Strategic Program--Market Liberalization and Electricity
Trade (MLET) program'' produced by the Government of the Republic of
Armenia and USAID to improve the Republic of Armenia's energy security
and enhance Armenia's domestic energy production.
(b) Technical Support for Grid Synchronization.--
(1) Cooperation.--The Secretary and the Administrator shall
work with the Republic of Armenia and the Republic of Georgia,
as requested by the governments of those countries, to
cooperate on the synchronization of electrical grids and broker
arrangements to allow for the purchase and transmission of
electricity between the Republic of Armenia and the Republic of
Georgia.
(2) Technical assistance.--The Secretary and the
Administrator may provide technical assistance to the Republic
of Georgia and the Republic of Armenia on energy sector
regulatory reforms and system modifications, including the
development of compatible cross-border transmission
infrastructure necessary to allow for the safe and secure
operation of an integrated power grid between the Republic of
Armenia and the Republic of Georgia.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $650,000,000 for each of fiscal years 2024 through 2026 to
carry out activities under this section.
SEC. 10. PARTNERSHIPS FOR UNITED STATES-ARMENIAN COOPERATION ON SCIENCE
AND TECHNOLOGY.
(a) In General.--The Secretary of State, in coordination with the
heads of other relevant Federal agencies, shall seek opportunities to
facilitate partnerships between various United States entities and
appropriate entities in Armenia to deepen collaboration and exchanges
in science and technology, including--
(1) an institution of higher education; or
(2) a United States national laboratory or relevant
federally operated research facility, including research,
innovation, or technology laboratories, proving grounds, test
facilities, or centers of excellence operated by the Department
of Agriculture, the Department of Transportation, or the
Department of Commerce that specialize in facilitating
collaboration on the development of new applied science,
research and technologies in the fields of transportation,
agriculture, and food production, or telecommunications and
information technology.
(b) Identification of Partners.--The Secretary of State shall
identify private sector entities that will contribute resources to the
initiatives and projects developed through partnerships under this
section.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each of fiscal years 2024 through 2028 for
activities under this section.
SEC. 11. 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.) 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. 12. 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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