[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2900 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2900

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 SENATE OF THE UNITED STATES

                           September 21, 2023

 Mr. Menendez (for himself, Mr. Cassidy, Mr. Whitehouse, Mr. Padilla, 
 Mr. Van Hollen, Mr. Markey, and Mr. Peters) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 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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