ACRA Act
Bill: H.R.8532 | Sponsor: Rep. Keating, William R. (D-MA)
Policy area: International Affairs

Summary:
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.

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.''.
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