[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Page S5056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 797--EXPRESSING THE SENSE OF THE SENATE CONDEMNING 
    AZERBAIJANI FORCES' ILLEGAL AND UNPROVOKED ASSAULT ON ARMENIAN 
 TERRITORY AND INSISTING UPON THE CESSATION OF SECURITY ASSISTANCE TO 
               AZERBAIJAN IN ACCORDANCE WITH FEDERAL LAW

  Mr. MENENDEZ (for himself and Mr. Rubio) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 797

       Whereas on September 13, 2022, Azerbaijani forces mounted 
     an illegal and unprovoked assault on Armenian territory, 
     including the cities of Vardenis, Sotk, Artanish, 
     Ishkhanasar, Goris, and Kapan;
       Whereas by September 14, 2022, Armenian Prime Minister 
     Nikol Pashinyan announced a preliminary death toll of more 
     than 100 Armenians;
       Whereas the Azerbaijani military fired artillery at 
     Armenian villages along the border, forcing more than 2,750 
     civilians, including 370 children and 55 people with 
     disabilities, to evacuate their homes and take shelter;
       Whereas, according to Armenia's Ministry of Territorial 
     Administration and Infrastructure, the Azerbaijani attack 
     damaged 192 residential buildings in Gegharkunik, Syunik, and 
     Vayots Dzor Provinces;
       Whereas, according to the Armenian Ombudsman, Azerbaijani 
     shelling set fire to a forest in Jermuk, with artillery fire 
     preventing Armenian firefighters from immediate access to the 
     blaze;
       Whereas according to Prime Minister Pashinyan, Azerbaijani 
     forces illegally advanced into at least 10 square kilometers 
     of Armenian territory;
       Whereas on the evening of September 14, 2022, Secretary of 
     the Security Council of Armenia, Armen Grigoryan, announced 
     that a ceasefire took hold;
       Whereas Azerbaijan's latest attack on Armenian territory 
     and the Armenian people follows a long pattern of aggression, 
     including during the 2020 Nagorno Karabakh War, when an 
     attack by Azerbaijani forces ignited a conflict that killed 
     more than 6,500 people and displaced almost 100,000 ethnic 
     Armenians;
       Whereas Azerbaijan continues to hold at least 35 prisoners 
     of war and 3 civilian prisoners from the Nagorno Karabakh War 
     and Azerbaijan's recent attack on Armenia;
       Whereas Azerbaijan's attack on Armenia, which was launched 
     on September 13, 2022, is a flagrant violation of Armenia's 
     sovereignty and territorial integrity, and a violation of 
     international law;
       Whereas section 907 of the FREEDOM Support Act (22 U.S.C. 
     5812 note) prohibits United States assistance to Azerbaijan 
     ``until the President determines, and so reports to Congress, 
     that the Government of Azerbaijan is taking demonstrable 
     steps to cease all blockades and other offensive uses of 
     force against Armenia and Nagorno-Karabakh'';
       Whereas title II of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act of 2002 
     (Public Law 107-115) allows the President to waive section 
     907 of the FREEDOM Support Act under certain statutorily 
     defined conditions, including if doing so ``will not 
     undermine or hamper ongoing efforts to negotiate a peaceful 
     settlement between Armenia or Azerbaijan or be used for any 
     offensive purposes against Armenia'';
       Whereas upon exercising such waiver, the President must 
     submit a report to appropriate congressional committees 
     outlining--
       (1) ``the nature and quantity of all training and 
     assistance provided to the Government of Azerbaijan pursuant 
     to [the waiver],'';
       (2) ``the status of the military balance between Azerbaijan 
     and Armenia and the impact of United States assistance on 
     that balance''; and
       (3) ``the status of negotiations for a peaceful settlement 
     between Armenia and Azerbaijan and the impact of United 
     States assistance on those negotiations'';
       Whereas on March 2, 2022 the Government Accountability 
     Office released a report, which found that the Department of 
     State and the Department of Defense failed to meet certain 
     statutory reporting requirements to Congress, including the 
     impact of proposed assistance on the military balance between 
     Azerbaijan and Armenia;
       Whereas the Government Accountability Office found that the 
     Department of State and the Department of Defense did not 
     document their consideration of waiver requirements from 
     fiscal year 2014 through fiscal year 2020, including how the 
     departments determined that assistance would not be used for 
     offensive purposes against Armenia; and
       Whereas despite agreeing with the Government Accountability 
     Office's recommendations, the Department of State has not 
     demonstrated how it will adequately report to Congress on 
     statutorily required considerations for aid to Azerbaijan: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) condemns Azerbaijan's illegal and unprovoked attack on 
     Armenian territory;
       (2) urges Azerbaijan to fully adhere to the ceasefire 
     agreed to on September 14, 2022;
       (3) demands that Azerbaijan respect the territorial 
     integrity of Armenia;
       (4) calls for the release of all Armenian prisoners of war 
     and civilian prisoners held in Azerbaijan;
       (5) insists that the Department of State meet all 
     statutorily required reporting requirements for consideration 
     of United States assistance to Azerbaijan;
       (6) urges the Secretary of State to immediately halt all 
     security assistance to Azerbaijan;
       (7) urges the President to evaluate whether officials of 
     the Government of Azerbaijan should be subject to sanctions 
     under the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328) for human 
     rights abuses against ethnic Armenians; and
       (8) supports the robust provision of humanitarian 
     assistance to the people of Armenia and Nagorno Karabakh 
     affected by Azerbaijan's war of aggression.

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