Us Congress 2023-2024 Regular Session

Us Congress House Bill HB4078 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 4078
55 To amend the National Defense Authorization Act for Fiscal Year 2020
66 to modify the establishment of a coordinator for detained ISIS members
77 and relevant displaced populations in Syria, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 JUNE13, 2023
1010 Mr. P
1111 HILLIPS(for himself, Mr. GREENof Tennessee, Mr. MOULTON, and Mr.
1212 G
1313 ALLAGHER) introduced the following bill; which was referred to the
1414 Committee on Foreign Affairs
1515 A BILL
1616 To amend the National Defense Authorization Act for Fiscal
1717 Year 2020 to modify the establishment of a coordinator
1818 for detained ISIS members and relevant displaced popu-
1919 lations in Syria, and for other purposes.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Syria Detainee and 4
2424 Displaced Persons Act’’. 5
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2727 •HR 4078 IH
2828 SEC. 2. MODIFICATION OF ESTABLISHMENT OF COORDI-1
2929 NATOR FOR DETAINED ISIS MEMBERS AND 2
3030 RELEVANT POPULATIONS IN SYRIA. 3
3131 (a) D
3232 EFINITIONS.—In this section: 4
3333 (1) A
3434 PPROPRIATE COMMITTEES OF CON -5
3535 GRESS.—The term ‘‘appropriate committees of Con-6
3636 gress’’ means— 7
3737 (A) the Committee on Armed Services, the 8
3838 Committee on Foreign Relations, the Com-9
3939 mittee on the Judiciary, the Committee on 10
4040 Banking, Housing, and Urban Affairs, the Se-11
4141 lect Committee on Intelligence, the Committee 12
4242 on Appropriations, and the Committee on 13
4343 Homeland Security and Governmental Affairs 14
4444 of the Senate; and 15
4545 (B) the Committee on Armed Services, the 16
4646 Committee on Foreign Affairs, the Committee 17
4747 on the Judiciary, the Committee on Financial 18
4848 Services, the Permanent Select Committee on 19
4949 Intelligence, the Committee on Appropriations, 20
5050 and the Committee on Homeland Security of 21
5151 the House of Representatives. 22
5252 (2) ISIS
5353 MEMBER.—The term ‘‘ISIS member’’ 23
5454 means a person who was part of, or substantially 24
5555 supported, the Islamic State in Iraq and Syria. 25
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5858 •HR 4078 IH
5959 (3) SENIOR COORDINATOR .—The term ‘‘Senior 1
6060 Coordinator’’ means the coordinator for detained 2
6161 ISIS members and relevant displaced populations in 3
6262 Syria designated under subsection (a) of section 4
6363 1224 of the National Defense Authorization Act for 5
6464 Fiscal Year 2020 (Public Law 116–92; 133 Stat. 6
6565 1642), as amended by subsection (d). 7
6666 (b) S
6767 ENSE OFCONGRESS.— 8
6868 It is the sense of Congress that— 9
6969 (A) ISIS detainees held by the Syrian 10
7070 Democratic Forces and ISIS-affiliated individ-11
7171 uals located within displaced persons camps in 12
7272 Syria pose a significant and growing humani-13
7373 tarian challenge and security threat to the re-14
7474 gion; 15
7575 (B) the vast majority of individuals held in 16
7676 displaced persons camps in Syria are women 17
7777 and children, approximately 50 percent of 18
7878 whom are under the age of 12 at the al-Hol 19
7979 camp, and they face significant threats of vio-20
8080 lence and radicalization, as well as lacking ac-21
8181 cess to adequate sanitation and health care fa-22
8282 cilities; 23
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8585 •HR 4078 IH
8686 (C) there is an urgent need to seek a sus-1
8787 tainable solution to such camps through repa-2
8888 triation and reintegration of the inhabitants; 3
8989 (D) the United States should work closely 4
9090 with international allies and partners to facili-5
9191 tate the repatriation and reintegration efforts 6
9292 required to provide a long-term solution for 7
9393 such camps and prevent the resurgence of ISIS; 8
9494 and 9
9595 (E) if left unaddressed, such camps will 10
9696 continue to be drivers of instability that jeop-11
9797 ardize the long-term prospects for peace and 12
9898 stability in the region. 13
9999 (c) S
100100 TATEMENT OF POLICY.—It is the policy of the 14
101101 United States that— 15
102102 (1) ISIS-affiliated individuals located within 16
103103 displacement camps in Syria, and other inhabitants 17
104104 of displacement camps in Syria, be repatriated and, 18
105105 where appropriate, prosecuted, or where possible, re-19
106106 integrated into their country of origin, consistent 20
107107 with all relevant domestic laws and applicable inter-21
108108 national laws prohibiting refoulement; and 22
109109 (2) the camps will be closed as soon as is prac-23
110110 ticable. 24
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113113 •HR 4078 IH
114114 (d) MODIFICATION OFESTABLISHMENT OF COORDI-1
115115 NATOR FORDETAINEDISIS MEMBERS AND RELEVANT 2
116116 D
117117 ISPLACEDPOPULATIONS INSYRIA.—Section 1224 of the 3
118118 National Defense Authorization Act for Fiscal Year 2020 4
119119 (Public Law 116–92; 133 Stat. 1642) is amended— 5
120120 (1) by striking subsection (a); 6
121121 (2) by amending subsection (b) to read as fol-7
122122 lows: 8
123123 ‘‘(a) D
124124 ESIGNATION.— 9
125125 ‘‘(1) I
126126 N GENERAL.—The President, in consulta-10
127127 tion with the Secretary of State, the Secretary of 11
128128 Defense, the Director of National Intelligence, the 12
129129 Secretary of the Treasury, the Administrator of the 13
130130 United States Agency for International Develop-14
131131 ment, and the Attorney General, shall designate an 15
132132 existing official in the Department of State to serve 16
133133 within the executive branch as senior-level coordi-17
134134 nator to coordinate, in conjunction with other rel-18
135135 evant agencies, matters related to ISIS members 19
136136 who are in the custody of the Syrian Democratic 20
137137 Forces and other relevant displaced populations in 21
138138 Syria, including— 22
139139 ‘‘(A) by engaging foreign partners to sup-23
140140 port the repatriation and disposition of such in-24
141141 dividuals, including by encouraging foreign 25
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144144 •HR 4078 IH
145145 partners to repatriate, transfer, investigate, and 1
146146 prosecute such ISIS members, and share infor-2
147147 mation; 3
148148 ‘‘(B) coordination of all multilateral and 4
149149 international engagements led by the Depart-5
150150 ment of State and other agencies that are re-6
151151 lated to the current and future handling, deten-7
152152 tion, and prosecution of such ISIS members; 8
153153 ‘‘(C) the funding and coordination of the 9
154154 provision of technical and other assistance to 10
155155 foreign countries to aid in the successful inves-11
156156 tigation and prosecution of such ISIS members, 12
157157 as appropriate, in accordance with relevant do-13
158158 mestic laws, international humanitarian law, 14
159159 and other internationally recognized human 15
160160 rights and rule of law standards; 16
161161 ‘‘(D) coordination of all multilateral and 17
162162 international engagements related to humani-18
163163 tarian access and provision of basic services to, 19
164164 and freedom of movement and security and safe 20
165165 return of, displaced persons at camps or facili-21
166166 ties in Syria that hold family members of such 22
167167 ISIS members; 23
168168 ‘‘(E) coordination with relevant agencies 24
169169 on matters described in this section; and 25
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172172 •HR 4078 IH
173173 ‘‘(F) any other matter the President con-1
174174 siders relevant. 2
175175 ‘‘(2) R
176176 ULE OF CONSTRUCTION .—If, on the date 3
177177 of the enactment of the Syria Detainee and Dis-4
178178 placed Persons Act, an individual has already been 5
179179 designated, consistent with the requirements and re-6
180180 sponsibilities described in paragraph (1), the re-7
181181 quirements under that paragraph shall be considered 8
182182 to be satisfied with respect to such individual until 9
183183 the date on which such individual no longer serves 10
184184 as the Senior Coordinator.’’; 11
185185 (3) in subsection (c), by striking ‘‘subsection 12
186186 (b)’’ and inserting ‘‘subsection (a)’’; 13
187187 (4) in subsection (d), by striking ‘‘subsection 14
188188 (b)’’ and inserting ‘‘subsection (a)’’; 15
189189 (5) in subsection (e), by striking ‘‘January 31, 16
190190 2021’’ and inserting ‘‘January 31, 2028’’; 17
191191 (6) in subsection (f)— 18
192192 (A) by redesignating paragraph (2) as 19
193193 paragraph (3); 20
194194 (B) by inserting after paragraph (1) the 21
195195 following new paragraph (2): 22
196196 ‘‘(2) S
197197 ENIOR COORDINATOR .—The term ‘Senior 23
198198 Coordinator’ means the individual designated under 24
199199 subsection (a).’’; and 25
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202202 •HR 4078 IH
203203 (C) by adding at the end the following new 1
204204 paragraph: 2
205205 ‘‘(4) R
206206 ELEVANT AGENCIES.—The term ‘relevant 3
207207 agencies’ means— 4
208208 ‘‘(A) the Department of State; 5
209209 ‘‘(B) the Department of Defense; 6
210210 ‘‘(C) the Department of the Treasury; 7
211211 ‘‘(D) the Department of Justice; 8
212212 ‘‘(E) the United States Agency for Inter-9
213213 national Development; 10
214214 ‘‘(F) the Office of the Director of National 11
215215 Intelligence; and 12
216216 ‘‘(G) any other agency the President con-13
217217 siders relevant.’’; and 14
218218 (7) by redesignating subsections (c) through (f) 15
219219 as subsections (b) through (e), respectively. 16
220220 (e) S
221221 TRATEGY ON ISIS-RELATEDDETAINEE AND 17
222222 D
223223 ISPLACEMENTCAMPS INSYRIA.— 18
224224 (1) I
225225 N GENERAL.—Not later than 180 days 19
226226 after the date of the enactment of this Act, the Sec-20
227227 retary of State, in coordination with the Secretary of 21
228228 Defense, the Director of National Intelligence, the 22
229229 Secretary of the Treasury, the Administrator of the 23
230230 United States Agency for International Develop-24
231231 ment, and the Attorney General, shall submit to the 25
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234234 •HR 4078 IH
235235 appropriate committees of Congress an interagency 1
236236 strategy with respect to ISIS-affiliated individuals 2
237237 and ISIS-related detainee and other displaced per-3
238238 sons camps in Syria. 4
239239 (2) E
240240 LEMENTS.—The strategy required by 5
241241 paragraph (1) shall include— 6
242242 (A) methods to address— 7
243243 (i) disengagement from and preven-8
244244 tion of recruitment into violence, violent 9
245245 extremism, and other illicit activity in such 10
246246 camps; 11
247247 (ii) efforts to encourage and facilitate 12
248248 repatriation and, as appropriate, investiga-13
249249 tion and prosecution of foreign nationals 14
250250 from such camps, consistent with all rel-15
251251 evant domestic and applicable international 16
252252 laws; 17
253253 (iii) the return and reintegration of 18
254254 displaced Syrian and Iraqi women and 19
255255 children into their communities of origin; 20
256256 (iv) international engagement to de-21
257257 velop processes for repatriation and re-22
258258 integration of foreign nationals from such 23
259259 camps; 24
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262262 •HR 4078 IH
263263 (v) contingency plans for the reloca-1
264264 tion of detained and displaced persons who 2
265265 are not able to be repatriated from such 3
266266 camps; 4
267267 (vi) efforts to improve the humani-5
268268 tarian conditions in such camps, including 6
269269 through the delivery of medicine, psycho-7
270270 social support, clothing, education, and im-8
271271 proved housing; and 9
272272 (vii) assessed humanitarian and secu-10
273273 rity needs of all camps and detainment fa-11
274274 cilities based on prioritization of such 12
275275 camps and facilities most at risk of hu-13
276276 manitarian crises, external attacks, or in-14
277277 ternal violence; 15
278278 (B) an assessment of— 16
279279 (i) rehabilitation centers in northeast 17
280280 Syria, including humanitarian conditions 18
281281 and processes for admittance and efforts to 19
282282 improve both humanitarian conditions and 20
283283 admittance processes for such centers and 21
284284 camps, as well as on the prevention of 22
285285 youth radicalization; and 23
286286 (ii) processes for being sent to, and 24
287287 resources directed towards, rehabilitation 25
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290290 •HR 4078 IH
291291 centers and programs in countries that re-1
292292 ceive returned ISIS affiliated individuals, 2
293293 with a focus on the prevention of 3
294294 radicalization of minor children; 4
295295 (C) a plan to improve, in such camps— 5
296296 (i) security conditions, including by 6
297297 training of personnel and through con-7
298298 struction; and 8
299299 (ii) humanitarian conditions; 9
300300 (D) a framework for measuring progress of 10
301301 humanitarian, security, and repatriation efforts 11
302302 with the goal of closing such camps; and 12
303303 (E) any other matter the Secretary of 13
304304 State considers appropriate. 14
305305 (3) F
306306 ORM.—The strategy required by para-15
307307 graph (1) shall be submitted in unclassified form but 16
308308 may include a classified annex that is transmitted 17
309309 separately. 18
310310 (f) A
311311 NNUALINTERAGENCYREPORT.— 19
312312 (1) I
313313 N GENERAL.—Not later than 180 days 20
314314 after the date of the enactment of this Act, and not 21
315315 less frequently than annually thereafter through 22
316316 January 31, 2028, the Senior Coordinator, in co-23
317317 ordination with the relevant agencies, shall submit to 24
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320320 •HR 4078 IH
321321 the appropriate committees of Congress a detailed 1
322322 report that includes the following: 2
323323 (A) A detailed description of the facilities 3
324324 and camps where detained ISIS members, and 4
325325 families with perceived ISIS affiliation, are 5
326326 being held and housed, including— 6
327327 (i) a description of the security and 7
328328 management of such facilities and camps; 8
329329 (ii) an assessment of resources re-9
330330 quired for the security of such facilities 10
331331 and camps; 11
332332 (iii) an assessment of the adherence 12
333333 by the operators of such facilities and 13
334334 camps to international humanitarian law 14
335335 standards; and 15
336336 (iv) an assessment of children held 16
337337 within such facilities and camps that may 17
338338 be used as part of smuggling operations to 18
339339 evade security at the facilities and camps. 19
340340 (B) A description of all efforts undertaken 20
341341 by, and the resources needed for, the United 21
342342 States Government to address deficits in the 22
343343 humanitarian environment and security of such 23
344344 facilities and camps. 24
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347347 •HR 4078 IH
348348 (C) A description of all multilateral and 1
349349 international engagements related to humani-2
350350 tarian access and provision of basic services to, 3
351351 and freedom of movement and security and safe 4
352352 return of, displaced persons at camps or facili-5
353353 ties in Iraq, Syria, and any other area affected 6
354354 by ISIS activity, including a description of— 7
355355 (i) support for efforts by the Syrian 8
356356 Democratic Forces to facilitate the return 9
357357 and reintegration of displaced people from 10
358358 Iraq and Syria; 11
359359 (ii) repatriation efforts with respect to 12
360360 displaced women and children and male 13
361361 children aging into adults while held in 14
362362 these facilities and camps; 15
363363 (iii) any current or future potential 16
364364 threat to United States national security 17
365365 interests posed by detained ISIS members 18
366366 or displaced families, including an analysis 19
367367 of the al-Hol camp and annexes; and 20
368368 (iv) United States Government plans 21
369369 and strategies to respond to any threat 22
370370 identified under clause (iii). 23
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373373 •HR 4078 IH
374374 (D) The number of individuals repatriated 1
375375 from the custody of the Syrian Democratic 2
376376 Forces. 3
377377 (E) An analysis of factors on the ground 4
378378 in Syria and Iraq that may result in the unin-5
379379 tended release of detained or displaced ISIS 6
380380 members, and an assessment of any measures 7
381381 available to mitigate such releases. 8
382382 (F) A detailed description of efforts to en-9
383383 courage the final disposition and security of de-10
384384 tained or displaced ISIS members with other 11
385385 countries and international organizations. 12
386386 (G) A description of foreign repatriation 13
387387 and rehabilitation programs deemed successful 14
388388 systems to model, and an analysis of the long- 15
389389 term results of such programs. 16
390390 (H) A description of the manner in which 17
391391 the United States Government communicates 18
392392 regarding repatriation and disposition efforts 19
393393 with the families of United States citizens be-20
394394 lieved to have been victims of a criminal act by 21
395395 a detained or displaced ISIS member, in ac-22
396396 cordance with section 503(c) of the Victims’ 23
397397 Rights and Restitution Act of 1990 (34 U.S.C. 24
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400400 •HR 4078 IH
401401 20141(c)) and section 3771 of title 18, United 1
402402 States Code. 2
403403 (I) An analysis of all efforts between the 3
404404 United States and partner countries within the 4
405405 Global Coalition to Defeat ISIS or other coun-5
406406 tries to share related information that may aid 6
407407 in resolving the final disposition of ISIS mem-7
408408 bers, and any obstacles that may hinder such 8
409409 efforts. 9
410410 (J) Any other matter the Coordinator con-10
411411 siders appropriate. 11
412412 (2) F
413413 ORM.—The report required by paragraph 12
414414 (1) shall be submitted in unclassified form but may 13
415415 include a classified annex that is transmitted sepa-14
416416 rately. 15
417417 (g) R
418418 ULE OFCONSTRUCTION.—Nothing in this sec-16
419419 tion, or an amendment made by this section, may be con-17
420420 strued— 18
421421 (1) to limit the authority of any Federal agency 19
422422 to independently carry out the authorized functions 20
423423 of such agency; or 21
424424 (2) to impair or otherwise affect the activities 22
425425 performed by that agency as granted by law. 23
426426 Æ
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