117 HR 8532 IH: Atrocity Crimes, Relief and Accountability Act
U.S. House of Representatives
2022-07-27
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I
117th CONGRESS
2d Session
H. R. 8532
IN THE HOUSE OF REPRESENTATIVES
July 27, 2022
Mr. Keating (for himself, Mr. Fitzpatrick, Mr. Quigley, Ms. Kaptur, Mr. Ryan, Ms. Jacobs of California, Ms. Wild, Mr. Wilson of South Carolina, Ms. Spanberger, Mr. Vargas, Ms. Titus, Mrs. Carolyn B. Maloney of New York, Ms. Speier, Mr. Trone, Mr. Morelle, Mr. McGovern, Mr. Swalwell, Mr. Costa, Mr. Higgins of New York, Mr. Himes, Mr. Cohen, and Mr. Carson) introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To provide assistance for suspected victims and witnesses of war crimes in Ukraine, and for other purposes.
1.

Short title
This Act may be cited as the “Atrocity Crimes, Relief and Accountability Act” or the “ACRA Act”.
2.

Findings
Congress finds the following:
(1)
The Russian Government’s war on Ukraine has exposed the systemic lack of compliance with international humanitarian law, jus in bello, on the part of the Russian military.
(2)
Ukrainian civilians have been actively targeted by Russian troops, compounding their needless suffering and forcing non-combatants into a state of terror.
(3)
These barbaric ways of war are inconsistent with five key principles of the law of armed conflict: distinction, proportionality, military necessity, hors de combat and unnecessary suffering.
(4)
It is vital that Russian war criminals are brought to justice.
(5)
A key component of any atrocity crimes investigation includes the accurate and reliable testimony of witnesses. As war crimes judicial proceedings could take years, and cross many national jurisdictions, investigators must protect and have ready access to potential witnesses for a long period of time. Within the first 100 days of the war, over 11 million people – one quarter of Ukraine’s 44 million population – had been displaced from their homes, including five million people who fled the country.
(6)
There is reasonable concern that suspected atrocity crimes victims and survivors are less likely to testify as witnesses in potential legal proceedings, as they may be in danger of intimidation or not stay actively engaged due to lack of a support structure to sustain a lengthy investigation and trial, or as a result of having fled the country in which the atrocities were committed.
(7)
Legal experts and civil society groups have identified an immediate need for supporting and protecting victims, survivors and witnesses of atrocity crimes, no matter where they are located, including ensuring such efforts are coordinated to minimize the risk of retraumatizing survivors.
(8)
Without requisite support, victims and survivors are less likely to accept the onerous burden of testifying against criminals, undermining their ability to attain some justice for their suffering, and reducing the ability to hold war criminals accountable for their actions.
(9)
Therefore, it is necessary that the United States assist relevant authorities and civil society groups in protecting and supporting this vulnerable population within Ukraine and across borders.
3.

Authorization of assistance for suspected victims and witnesses of war crimes
Section 7(d)(1) of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926(d)(1)) is amended—
(1)
in subparagraph (C), by striking “; and” and inserting a semicolon;
(2)
in subparagraph (D), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new subparagraphs:
“(E)
provide support for suspected victims, survivors, and witnesses of atrocity crimes, wherever located, through direct or in-kind assistance; and
(F)
provide assistance to the Ukrainian Prosecutor General, the war crimes units of the Office of the Prosecutor General and other appropriate Ukrainian judicial and law enforcement authorities to support accountability through the documentation, investigation, and prosecution of atrocity crimes.”.
4.

Authorization of assistance with respect to the prosecution of war crimes
Section 7 of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926) is amended by adding at the end the following new subsections:
“(e)

Assistance for prosecution of war crimes
The Secretary of State, in coordination with the Attorney General, the Secretary of Defense, or the head of any other appropriate Federal department or agency, may assign or detail, on a rotational basis, employees of such departments or agencies to advise, assist, and provide training to build the capacity of Ukrainian prosecutorial, law enforcement, forensic and judicial authorities, with respect to the prosecution of atrocity crimes.
(f)

Victims Trust Fund
(1)

Establishment
The Secretary of State shall establish a Ukraine Victims Trust Fund, to assist victims, survivors and witnesses during investigations and while awaiting judicial proceedings.
(2)

Rewards authorized
(A)

In general
In the sole discretion of the Secretary, the Secretary may pay assistance to any individual who—
(i)
provides credible information that they were a victim or witness of an atrocity crime;
(ii)
demonstrates the need for compensation while furnishing information on suspected criminals; and
(iii)
is awaiting trial in order to testify against their attacker.
(B)

Eligible proceedings
For purposes of the authority provided by this subsection, the term judicial proceedings includes cases brought forth by the Ukrainian Prosecutor General, the International Criminal Court, or any United Nations-sanctioned tribunal with jurisdiction over the prosecution of atrocity crimes committed in Ukraine.
(3)

Authorization of appropriations
There is authorized to be appropriated $50,000,000 for the Ukraine Victims Trust Fund established under paragraph (1), which shall be authorized to remain available for 10 years after the date of the enactment of this subsection.
(g)

Atrocity crimes rewards program
(1)

Establishment
The Secretary of State shall establish a Ukraine Atrocity Crimes Rewards Fund, under the War Crimes Rewards Program to assist in the prosecution of atrocity crimes committed in Ukraine.
(2)

Rewards authorized
In the sole discretion of the Secretary, the Secretary may pay a reward to any individual who furnishes information leading to the arrest or conviction in any country of any foreign person indicted with respect to the commission of atrocity crimes by the Ukrainian Prosecutor General, the International Criminal Court, or any United Nations-sanctioned tribunal with jurisdiction over the prosecution of atrocity crimes committed in Ukraine.
(3)

Authorization of appropriations
There is authorized to be appropriated $50,000,000 for the Ukraine Victims Trust Fund established under paragraph (1), which shall be authorized to remain available for 10 years after the date of the enactment of this subsection.”.
5.

Authorization of international criminal court and investigations with respect to the prosecution of atrocity crimes
Section 2004(h) of the American Servicemembers Protection Act of 2002 (22 U.S.C. 7423) is amended—
(1)
by striking “Agents.—No agent” and inserting the following:
“Agents.—
(1)

In general
No agent”; and
(2)
by adding at the end the following: “The prohibition in the preceding sentence shall not apply in the case of investigative activities that”
“(2)

Exceptions
The prohibition under paragraph (1) shall not apply with respect to investigative activities that—
(A)
specifically target foreign nationals suspected of atrocity crimes on foreign soil;
(B)
are undertaken in coordination with the Attorney General; and
(C)
relate solely to investigations of crimes occurring in Ukraine.
(3)

Notification
Not later than 15 days before initiating investigative activities pursuant to the exception authorized by paragraph (2), the Secretary of State shall submit to the appropriate congressional committees written and electronic notice of—
(A)
the names of the investigators on behalf of the International Criminal Court who are entering the United States;
(B)
the witnesses those investigators will meet; and
(C)
the year in which the suspected crimes occurred.”.