,i #aahth ,,congress #ast ,session ,h4 ,r4 #efhf ,,in ,,the ,,house ,,of ,,representatives ,september #bb1 #bjbc,mr4 ,smith of ,new ,jersey 7for himself1 ,mr4 ,bilirakis1 and ,mr4 ,sherman7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 ,armenians1 promote accountability for the same1 protect and provide humanitarian assistance to ,armenians in ,armenia and ,nagorno-,karabakh impacted by actions taken by the ,government of ,azerbaijan1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,ethnic ,cleansing and ,atrocities in ,nagorno-,karabakh ,act of #bjbc4 #b4 ,findings ,congress makes the following findings3 7#a7 ,in ,september #bjbj1 ,azerbaijan invaded ,nagorno-,karabakh1 resulting in conflict in which more than #f1ejj people in ,armenia1 ,azerbaijan1 and ,nagorno-,karabakh were killed4 7#b7 ,according to the ,united ,nations ,high ,commissioner for ,refugees 7,,unhcr71 ,azerbaijan's #bjbj invasion resulted in the displacement of more than #ia1jjj individuals from ,nagorno-,karabakh1 with the vast majority1 primarily women and children1 living in a refugee-like situation in the war's aftermath4 7#c7 ,people displaced by ,azerbaijan's invasion of ,nagorno-,karabakh continue to have acute humanitarian needs1 including access to drinking water and health care4 7#d7 ,human ,rights ,watch found that ,azerbaijani forces indiscriminately used cluster munitions and artillery rockets against civilian targets and destroyed civilian infrastructure1 including hospitals and schools during the #bjbj war4 7#e7 ,in ,september #bjbb1 ,azerbaijan unleashed another assault on ,armenian territory1 including the cities of ,vardenis1 ,sotk1 ,artanish1 ,ishkhanasar1 ,goris1 and ,kapan1 which killed almost #djj military personnel4 7#f7 ,azerbaijani forces shelled ,armenian communities in ,september #bjbb1 killing at least #d civilians1 injuring #ad1 and displacing at least #g1fjj people1 including almost #a1ejj children and #ajj people with disabilities4 7#g7 ,in ,december #bjbb1 ,azerbaijan imposed a blockade of the ,lachin ,corridor1 a road by which #ij percent of food consumed by residents of ,nagorno-,karabakh previously entered the enclave4 7#h7 ,the ,international ,court of ,justice ordered ,azerbaijan in ,february #bjbc to ensure unimpeded movement of persons1 vehicles1 and cargo along the ,lachin ,corridor in both directions1 a ruling with which it has failed to comply4 7#i7 ,azerbaijan's installation of a military checkpoint in the ,lachin ,corridor in ,april #bjbc further threatened the supply of urgent humanitarian goods to ,nagorno-,karabakh4 7#aj7 ,on ,august #f1 #bjbc1 the ,armenian ,ombudsperson reported that no humanitarian aid had entered ,nagorno-,karabakh since ,june #ae1 and that miscarriages had tripled4 7#aa7 ,on ,august #g1 #bjbc1 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 reserves4 7#ab7 ,on ,august #g1 #bjbc1 ,luis ,moreno ,ocampo1 former ,prosecutor of the ,international ,criminal ,court 7#bjjc-bjab7 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 ,convention1 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 ,convention4 7#ac7 ,in certain instances1 ,azerbaijani authorities have detained residents of ,nagorno-,karabakh traveling to ,armenia through the ,lachin ,corridor1 leaving ethnic ,armenians who choose to depart for ,armenia to avoid starvation to wonder if they can depart safely4 7#ad7 ,according to the ,international ,committee of the ,red ,cross1 residents of ,nagorno-,karabakh lack life-saving medication1 hygiene products1 and baby formula1 and basic foodstuffs are increasingly scarce4 7#ae7 ,the ,united ,states ,commission on ,international ,religious ,freedom's #bjbc ,annual ,report noted the documented destruction of ,armenian heritage sites in ,nagorno-,karabakh1 including ,st4 ,sargis ,church1 while the ,european ,parliament in ,march #bjbc condemned an ,azerbaijani policy to erase and deny ,armenian cultural heritage in and around ,nagorno-,karabakh4 7#af7 ,in a ,september #bjbb report1 the ,united ,nations ,committee on the ,elimination of ,racial ,discrimination expressed deep concern in ,azerbaijan regarding #8#8incitement to racial hatred and the propagation of racist stereotypes against persons of ,armenian national or ethnic origin1 including on the ,internet and social media1 as well as by public figures and government officials1 and the lack of detailed information on investigations1 prosecutions1 convictions1 and sanctions for such acts''4 7#ag7 ,any peace agreement between ,armenia and ,azerbaijan will only be sustainable if its includes protections for the ,armenian population of ,nagorno-,karabakh4 7#ah7 ,on ,september #ai1 #bjbc1 ,azerbaijan launched an assault on ,nagorno-,karabakh1 and in the first days of that attack killed more than #bjj civilians1 including children1 and wounding #djj4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 long-standing ,u4,s4 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 ,azerbaijan1 ,nagorno-,karabakh1 and ,armenia2 7#b7 long-standing ,u4,s4 policy has been and should remain to facilitate a negotiated settlement of ,nagorno-,karabakh's political status1 neither recognizing ,azerbaijan's claim to sovereign authority over ,nagorno-,karabakh1 nor ,nagorno-,karabakh's claim to independence1 but to promote resolution of the question of its status through negotiation within the ,,osce ,minsk ,group2 7#c7 the ,u4,s4 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 #bjbj1 its blockade of ,nagorno-,karabakh since ,december #ab1 #bjbb1 or the invasion that began on ,september #ai1 #bjbc1 or its threats and coercion of ,armenian leaders in ,nagorno-,karabakh1 including by creating an atmosphere of terror2 7#d7 numerous documented reports and evidences of atrocities1 war crimes1 crimes against humanity1 and genocide committed by ,azerbaijan in and around ,nagorno-,karabakh should be investigated and those responsible should be held accountable1 and the ,u4,s4 should play a leading role in promoting this process2 7#e7 due to credible reports of ongoing atrocities against ethnic ,armenians following the ,azerbaijani invasion of ,artsakh that began on ,september #ai1 #bjbc1 the ,u4,s4 should press for immediate access by international observers1 including ,u4,s4 diplomats1 to promote verification of these reports2 7#f7 the ,united ,states should direct the ,united ,states ,representative to the ,united ,nations to use the voice1 vote1 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 ,convention2 7#g7 ,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 support2 7#h7 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 region1 including by facilitating the transfer of food1 fuel1 medicine1 and hygiene products2 and 7#i7 the ,government of ,azerbaijan should immediately release all ,armenian prisoners of war4 #d4 ,humanitarian assistance for ,armenians in ,armenia and ,nagorno-,karabakh ,there is authorized to be appropriated to the ,united ,states ,agency for ,international ,development1 for fiscal year #bjbd1 #cj1jjj1jjj to provide humanitarian assistance to groups in ,armenia and ,nagorno-,karabakh impacted by the #bjbj ,nagorno-,karabakh ,war1 ,azerbaijan's ,september #bjbb attack on ,armenia1 and ,azerbaijan's blockade of the ,lachin ,corridor4 #e4 ,freedom ,support ,act section #ijg waiver repeal ,title ,,ii of the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #bjjb 7,public ,law #ajg-aae7 7#bb ,u4,s4,c4 #ehab note7 is amended1 under the heading assistance for the independent states of the former soviet union1 by striking paragraphs 7#b7 through 7#f7 of subsection 7g74 #f4 ,foreign military financing 7a7 ,authorization ,there is authorized to be appropriated #ab1jjj1jjj for the ,department of ,state for fiscal year #bjbd for ,foreign ,military ,financing program assistance for the ,republic of ,armenia4 7b7 ,purposes ,the ,foreign ,military ,financing program assistance authorized by subsection 7a7 shall be used to-- 7#a7 support ,armenia's sovereign independence2 7#b7 support joint training and exercises with the ,united ,states2 7#c7 enhance ,united ,states-,armenia interoperability2 and 7#d7 train ,armenian forces for future international peacekeeping operations4 #g4 ,strategy to protect the rights of people in ,nagorno-,karabakh 7a7 ,strategy required ,not later than #de days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a detailed strategy to ensure the durable security for the people of ,nagorno-,karabakh4 7b7 ,elements ,the strategy required by subsection 7a7 shall include-- 7#a7 incorporating the rights and security of the people in ,nagorno-,karabakh into any and all efforts to facilitate peace talks between ,armenia and ,azerbaijan1 including the right of the ethnic ,armenians to live safely in ,nagorno-,karabakh2 and 7#b7 a plan to work with leaders of ,nagorno-,karabakh and the international community to ensure-- 7,a7 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 agreement2 7,b7 the stationing of ,u4,s4 diplomats in ,nagorno-,karabakh in order that they can observe1 interact with and receive reports from inhabitants2 7,c7 support for the protection of ,armenian cultural heritage sites in ,nagorno-,karabakh1 including the #bd-;hour video monitoring of those sites2 7,d7 ,armenians in ,nagorno-,karabakh are able maintain their right to study according to a curriculum designed by local representatives1 worship according to their chosen religious beliefs1 and speak their preferred language2 and 7,e7 the survival of ,armenian cultural heritage in ,nagorno-,karabakh1 including monasteries1 churches1 and cemeteries4 #h4 ,accountability for alleged ,azerbaijani atrocities during ,september #bjbb attack on ,armenia 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 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 #bjbb and on ,nagorno-,karabakh in ,september #bjbc4 7b7 ,elements ,the report required under subsection 7a7 shall include the following elements3 7#a7 ,a description of the status of efforts to investigate1 verify1 and promote accountability for alleged atrocities1 including war crimes and crimes against humanity that ,azerbaijani forces committed during the course of ,azerbaijan's attacks on ,armenia in ,september #bjbb and on ,nagorno-,karabakh in ,september #bjbc1 and a description of any documented atrocities to date4 7#b7 ,a description of ,united ,states support for efforts to investigate1 verify1 and promote accountability for alleged atrocities1 including war crimes and crimes against humanity that ,azerbaijani forces committed during the course of attacks on ,armenia in ,september #bjbb and on ,nagorno-,karabakh in ,september #bjbc4 7#c7 ,a description of efforts to promote justice for victims of alleged atrocities1 including statements by civilians who were victimized4 7#d7 ,a strategy for diplomatic engagement to build support multilaterally for widespread accountability for these atrocities1 including multilateral engagements1 economic sanctions1 and visa restrictions1 and freezing of foreign assets by the perpetrators and their family members4 7#e7 ,plans to deter future ,azerbaijani attacks against ,armenia by expanding ,u4,s4-,armenia joint exercises and other forms of security cooperation4 #i4 ,enhanced reporting re incitement to ethnic hatred and violence1 human rights violations1 atrocities1 war crimes1 crimes against humanity and genocide ,the ,state ,department shall assess incitement of ethnic hatred and violence1 human rights violations1 atrocities1 war crimes1 violations of international humanitarian law1 crimes against humanity1 and genocide1 including elements of these crimes committed in ,nagorno-,karabakh and surrounding areas of ,azerbaijan in relation to the conflict over ,nagorno-,karabakh since ,january #a1 #bjbj4 ,such enhanced reporting shall include gathering and evaluating evidence1 including that which is publicly available on ,columbia ,university's ,artsakh ,atrocities website1 and including a description of documented atrocities1 and should also include information on perpetrators in ,azerbaijan's ,armed ,forces1 as well as militias including ,islamist armed groups engaged on the ground4 7#a7 ,such enhanced reporting shall be made available on the website of the ,state ,department4 7#b7 ,evidence gathered pursuant to subsection 7a7 shall be available to appropriate law enforcement or judicial authorities1 including appropriate national1 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 hatred1 violence1 atrocities1 ethnic cleansing1 war crimes1 crimes against humanity and genocide4 #aj4 ,imposition of sanctions with respect to officials of the ,government of ,azerbaijan related to ethnic cleansing in ,nagorno-,karabakh 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 and after making the determination required by subsection 7c71 the ,president shall impose sanctions described in subsection 7d7 with respect to each official of the ,government of ,azerbaijan-- 7#a7 specified in subsection 7b72 or 7#b7 determined by the ,president under subsection 7c7 to have directed an attack or the blockade described in that subsection4 7b7 ,officials specified ,the officials specified in this subsection are the following3 7#a7 ,the ,president of ,azerbaijan4 7#b7 ,the ,minister of ,defense of ,azerbaijan4 7#c7 ,the ,minister of ,defense ,industry of ,azerbaijan4 7#d7 ,the ,chief of the ,state ,border ,service of ,azerbaijan4 7#e7 ,the ,chief of the ,state ,security ,service of ,azerbaijan4 7#f7 ,the ,chief of the ,foreign ,intelligence ,service of ,azerbaijan4 7c7 ,identification of additional officials ,not later than #cj days after the date of the enactment of this ,act1 the ,president shall determine whether any officials of the ,government of ,azerbaijan1 in addition to the officials specified in subsection 7b71 directed-- 7#a7 operations that instigated the #bjbj ,nagorno-,karabakh ,war2 7#b7 attacks on ,armenia in ,september #bjbb2 7#c7 the blockade of the ,lachin ,corridor beginning in ,december #bjbb2 or 7#d7 attacks on ,nagorno-,karabakh in ,september #bjbc4 7d7 ,sanctions described ,the sanctions to be imposed under subsection 7a7 with respect to an official described in that subsection include any of the sanctions authorized under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef71 or any other provision of law4 7e7 ,national security waiver ,the ,president may waive the imposition of sanctions under this section with respect to an official described in subsection 7a7 if the ,president-- 7#a7 determines that such a waiver is in the national security interests of the ,united ,states2 and 7#b7 submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver4 #aa4 ,appropriate congressional committees defined ,in this ,act1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4