Atrocity Crimes, Relief and Accountability Act or the ACRA Act
The bill requires the State Department and the U.S. Agency for International Development to provide assistance to suspected victims, survivors, and witnesses of war crimes; establishes a Ukraine victims trust fund; and establishes a Ukraine atrocity crimes rewards fund. The bill also allows the International Criminal Court to conduct limited activities in the United States relating solely to foreign nationals suspected of committing war crimes in Ukraine.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8532 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8532
To provide assistance for suspected victims and witnesses of war crimes
in Ukraine, and for other purposes.
_______________________________________________________________________
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.
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 ``Atrocity Crimes, Relief and
Accountability Act'' or the ``ACRA Act''.
SEC. 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.
SEC. 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.''.
SEC. 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.''.
SEC. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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