Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB356 Compare Versions

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11 II
22 118THCONGRESS
33 1
44 STSESSION S. 356
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 SENATE OF THE UNITED STATES
99 FEBRUARY9, 2023
1010 Mrs. S
1111 HAHEEN(for herself, Mr. GRAHAM, Mr. MENENDEZ, and Mr. RISCH)
1212 introduced the following bill; which was read twice and referred to the
1313 Committee on Foreign Relations
1414 A BILL
1515 To amend the National Defense Authorization Act for Fiscal
1616 Year 2020 to modify the establishment of a coordinator
1717 for detained ISIS members and relevant displaced popu-
1818 lations in Syria, and for other purposes.
1919 Be it enacted by the Senate and House of Representa-1
2020 tives of the United States of America in Congress assembled, 2
2121 SECTION 1. SHORT TITLE. 3
2222 This Act may be cited as the ‘‘Syria Detainee and 4
2323 Displaced Persons Act’’. 5
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2727 SEC. 2. MODIFICATION OF ESTABLISHMENT OF COORDI-1
2828 NATOR FOR DETAINED ISIS MEMBERS AND 2
2929 RELEVANT POPULATIONS IN SYRIA. 3
3030 (a) D
3131 EFINITIONS.—In this section: 4
3232 (1) A
3333 PPROPRIATE COMMITTEES OF CON -5
3434 GRESS.—The term ‘‘appropriate committees of Con-6
3535 gress’’ means— 7
3636 (A) the Committee on Armed Services, the 8
3737 Committee on Foreign Relations, the Com-9
3838 mittee on the Judiciary, the Committee on 10
3939 Banking, Housing, and Urban Affairs, the Se-11
4040 lect Committee on Intelligence, the Committee 12
4141 on Appropriations, and the Committee on 13
4242 Homeland Security and Governmental Affairs 14
4343 of the Senate; and 15
4444 (B) the Committee on Armed Services, the 16
4545 Committee on Foreign Affairs, the Committee 17
4646 on the Judiciary, the Committee on Financial 18
4747 Services, the Permanent Select Committee on 19
4848 Intelligence, the Committee on Appropriations, 20
4949 and the Committee on Homeland Security of 21
5050 the House of Representatives. 22
5151 (2) ISIS
5252 MEMBER.—The term ‘‘ISIS member’’ 23
5353 means a person who was part of, or substantially 24
5454 supported, the Islamic State in Iraq and Syria. 25
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5858 (3) SENIOR COORDINATOR .—The term ‘‘Senior 1
5959 Coordinator’’ means the coordinator for detained 2
6060 ISIS members and relevant displaced populations in 3
6161 Syria designated under subsection (a) of section 4
6262 1224 of the National Defense Authorization Act for 5
6363 Fiscal Year 2020 (Public Law 116–92; 133 Stat. 6
6464 1642), as amended by subsection (d). 7
6565 (b) S
6666 ENSE OFCONGRESS.— 8
6767 It is the sense of Congress that— 9
6868 (A) ISIS detainees held by the Syrian 10
6969 Democratic Forces and ISIS-affiliated individ-11
7070 uals located within displaced persons camps in 12
7171 Syria pose a significant and growing humani-13
7272 tarian challenge and security threat to the re-14
7373 gion; 15
7474 (B) the vast majority of individuals held in 16
7575 displaced persons camps in Syria are women 17
7676 and children, approximately 50 percent of 18
7777 whom are under the age of 12 at the al-Hol 19
7878 camp, and they face significant threats of vio-20
7979 lence and radicalization, as well as lacking ac-21
8080 cess to adequate sanitation and health care fa-22
8181 cilities; 23
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8585 (C) there is an urgent need to seek a sus-1
8686 tainable solution to such camps through repa-2
8787 triation and reintegration of the inhabitants; 3
8888 (D) the United States should work closely 4
8989 with international allies and partners to facili-5
9090 tate the repatriation and reintegration efforts 6
9191 required to provide a long-term solution for 7
9292 such camps and prevent the resurgence of ISIS; 8
9393 and 9
9494 (E) if left unaddressed, such camps will 10
9595 continue to be drivers of instability that jeop-11
9696 ardize the long-term prospects for peace and 12
9797 stability in the region. 13
9898 (c) S
9999 TATEMENT OF POLICY.—It is the policy of the 14
100100 United States that— 15
101101 (1) ISIS-affiliated individuals located within 16
102102 displacement camps in Syria, and other inhabitants 17
103103 of displacement camps in Syria, be repatriated and, 18
104104 where appropriate, prosecuted, or where possible, re-19
105105 integrated into their country of origin, consistent 20
106106 with all relevant domestic laws and applicable inter-21
107107 national laws prohibiting refoulement; and 22
108108 (2) the camps will be closed as soon as is prac-23
109109 ticable. 24
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113113 (d) MODIFICATION OFESTABLISHMENT OF COORDI-1
114114 NATOR FORDETAINEDISIS MEMBERS AND RELEVANT 2
115115 D
116116 ISPLACEDPOPULATIONS INSYRIA.—Section 1224 of the 3
117117 National Defense Authorization Act for Fiscal Year 2020 4
118118 (Public Law 116–92; 133 Stat. 1642) is amended— 5
119119 (1) by striking subsection (a); 6
120120 (2) by amending subsection (b) to read as fol-7
121121 lows: 8
122122 ‘‘(a) D
123123 ESIGNATION.— 9
124124 ‘‘(1) I
125125 N GENERAL.—The President, in consulta-10
126126 tion with the Secretary of Defense, the Secretary of 11
127127 State, the Director of National Intelligence, the Sec-12
128128 retary of the Treasury, the Administrator of the 13
129129 United States Agency for International Develop-14
130130 ment, and the Attorney General, shall designate an 15
131131 existing official to serve within the executive branch 16
132132 as senior-level coordinator to coordinate, in conjunc-17
133133 tion with other relevant agencies, matters related to 18
134134 ISIS members who are in the custody of the Syrian 19
135135 Democratic Forces and other relevant displaced pop-20
136136 ulations in Syria, including— 21
137137 ‘‘(A) by engaging foreign partners to sup-22
138138 port the repatriation and disposition of such in-23
139139 dividuals, including by encouraging foreign 24
140140 partners to repatriate, transfer, investigate, and 25
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144144 prosecute such ISIS members, and share infor-1
145145 mation; 2
146146 ‘‘(B) coordination of all multilateral and 3
147147 international engagements led by the Depart-4
148148 ment of State and other agencies that are re-5
149149 lated to the current and future handling, deten-6
150150 tion, and prosecution of such ISIS members; 7
151151 ‘‘(C) the funding and coordination of the 8
152152 provision of technical and other assistance to 9
153153 foreign countries to aid in the successful inves-10
154154 tigation and prosecution of such ISIS members, 11
155155 as appropriate, in accordance with relevant do-12
156156 mestic laws, international humanitarian law, 13
157157 and other internationally recognized human 14
158158 rights and rule of law standards; 15
159159 ‘‘(D) coordination of all multilateral and 16
160160 international engagements related to humani-17
161161 tarian access and provision of basic services to, 18
162162 and freedom of movement and security and safe 19
163163 return of, displaced persons at camps or facili-20
164164 ties in Syria that hold family members of such 21
165165 ISIS members; 22
166166 ‘‘(E) coordination with relevant agencies 23
167167 on matters described in this section; and 24
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171171 ‘‘(F) any other matter the President con-1
172172 siders relevant. 2
173173 ‘‘(2) R
174174 ULE OF CONSTRUCTION .—If, on the date 3
175175 of the enactment of the Syria Detainee and Dis-4
176176 placed Persons Act, an individual has already been 5
177177 designated, consistent with the requirements and re-6
178178 sponsibilities described in paragraph (1), the re-7
179179 quirements under that paragraph shall be considered 8
180180 to be satisfied with respect to such individual until 9
181181 the date on which such individual no longer serves 10
182182 as the Senior Coordinator.’’; 11
183183 (3) in subsection (c), by striking ‘‘subsection 12
184184 (b)’’ and inserting ‘‘subsection (a)’’; 13
185185 (4) in subsection (d), by striking ‘‘subsection 14
186186 (b)’’ and inserting ‘‘subsection (a)’’; 15
187187 (5) in subsection (e), by striking ‘‘January 31, 16
188188 2021’’ and inserting ‘‘January 31, 2025’’; 17
189189 (6) in subsection (f)— 18
190190 (A) by redesignating paragraph (2) as 19
191191 paragraph (3); 20
192192 (B) by inserting after paragraph (1) the 21
193193 following new paragraph (2): 22
194194 ‘‘(2) S
195195 ENIOR COORDINATOR .—The term ‘Senior 23
196196 Coordinator’ means the individual designated under 24
197197 subsection (a).’’; and 25
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201201 (C) by adding at the end the following new 1
202202 paragraph: 2
203203 ‘‘(4) R
204204 ELEVANT AGENCIES.—The term ‘relevant 3
205205 agencies’ means— 4
206206 ‘‘(A) the Department of State; 5
207207 ‘‘(B) the Department of Defense; 6
208208 ‘‘(C) the Department of the Treasury; 7
209209 ‘‘(D) the Department of Justice; 8
210210 ‘‘(E) the United States Agency for Inter-9
211211 national Development; 10
212212 ‘‘(F) the Office of the Director of National 11
213213 Intelligence; and 12
214214 ‘‘(G) any other agency the President con-13
215215 siders relevant.’’; and 14
216216 (7) by redesignating subsections (c) through (f) 15
217217 as subsections (b) through (e), respectively. 16
218218 (e) S
219219 TRATEGY ON ISIS-RELATEDDETAINEE AND 17
220220 D
221221 ISPLACEMENTCAMPS INSYRIA.— 18
222222 (1) I
223223 N GENERAL.—Not later than 180 days 19
224224 after the date of the enactment of this Act, the Sec-20
225225 retary of State, in coordination with the Secretary of 21
226226 Defense, the Director of National Intelligence, the 22
227227 Secretary of the Treasury, the Administrator of the 23
228228 United States Agency for International Develop-24
229229 ment, and the Attorney General, shall submit to the 25
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233233 appropriate committees of Congress an interagency 1
234234 strategy with respect to ISIS-affiliated individuals 2
235235 and ISIS-related detainee and other displaced per-3
236236 sons camps in Syria. 4
237237 (2) E
238238 LEMENTS.—The strategy required by 5
239239 paragraph (1) shall include— 6
240240 (A) methods to address— 7
241241 (i) disengagement from and preven-8
242242 tion of recruitment into violence, violent 9
243243 extremism, and other illicit activity in such 10
244244 camps; 11
245245 (ii) efforts to encourage and facilitate 12
246246 repatriation and, as appropriate, investiga-13
247247 tion and prosecution of foreign nationals 14
248248 from such camps, consistent with all rel-15
249249 evant domestic and applicable international 16
250250 laws; 17
251251 (iii) the return and reintegration of 18
252252 displaced Syrian and Iraqi women and 19
253253 children into their communities of origin; 20
254254 (iv) international engagement to de-21
255255 velop processes for repatriation and re-22
256256 integration of foreign nationals from such 23
257257 camps; 24
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261261 (v) contingency plans for the reloca-1
262262 tion of detained and displaced persons who 2
263263 are not able to be repatriated from such 3
264264 camps; 4
265265 (vi) efforts to improve the humani-5
266266 tarian conditions in such camps, including 6
267267 through the delivery of medicine, psycho-7
268268 social support, clothing, education, and im-8
269269 proved housing; and 9
270270 (vii) assessed humanitarian and secu-10
271271 rity needs of all camps and detainment fa-11
272272 cilities based on prioritization of such 12
273273 camps and facilities most at risk of hu-13
274274 manitarian crises, external attacks, or in-14
275275 ternal violence; 15
276276 (B) an assessment of— 16
277277 (i) rehabilitation centers in northeast 17
278278 Syria, including humanitarian conditions 18
279279 and processes for admittance and efforts to 19
280280 improve both humanitarian conditions and 20
281281 admittance processes for such centers and 21
282282 camps, as well as on the prevention of 22
283283 youth radicalization; and 23
284284 (ii) processes for being sent to, and 24
285285 resources directed towards, rehabilitation 25
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289289 centers and programs in countries that re-1
290290 ceive returned ISIS affiliated individuals, 2
291291 with a focus on the prevention of 3
292292 radicalization of minor children; 4
293293 (C) a plan to improve, in such camps— 5
294294 (i) security conditions, including by 6
295295 training of personnel and through con-7
296296 struction; and 8
297297 (ii) humanitarian conditions; 9
298298 (D) a framework for measuring progress of 10
299299 humanitarian, security, and repatriation efforts 11
300300 with the goal of closing such camps; and 12
301301 (E) any other matter the Secretary of 13
302302 State considers appropriate. 14
303303 (3) F
304304 ORM.—The strategy required by para-15
305305 graph (1) shall be submitted in unclassified form but 16
306306 may include a classified annex that is transmitted 17
307307 separately. 18
308308 (f) A
309309 NNUALINTERAGENCYREPORT.— 19
310310 (1) I
311311 N GENERAL.—Not later than 180 days 20
312312 after the date of the enactment of this Act, and not 21
313313 less frequently than annually thereafter through 22
314314 January 31, 2025, the Senior Coordinator, in co-23
315315 ordination with the relevant agencies, shall submit to 24
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319319 the appropriate committees of Congress a detailed 1
320320 report that includes the following: 2
321321 (A) A detailed description of the facilities 3
322322 and camps where detained ISIS members, and 4
323323 families with perceived ISIS affiliation, are 5
324324 being held and housed, including— 6
325325 (i) a description of the security and 7
326326 management of such facilities and camps; 8
327327 (ii) an assessment of resources re-9
328328 quired for the security of such facilities 10
329329 and camps; 11
330330 (iii) an assessment of the adherence 12
331331 by the operators of such facilities and 13
332332 camps to international humanitarian law 14
333333 standards; and 15
334334 (iv) an assessment of children held 16
335335 within such facilities and camps that may 17
336336 be used as part of smuggling operations to 18
337337 evade security at the facilities and camps. 19
338338 (B) A description of all efforts undertaken 20
339339 by, and the resources needed for, the United 21
340340 States Government to address deficits in the 22
341341 humanitarian environment and security of such 23
342342 facilities and camps. 24
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346346 (C) A description of all multilateral and 1
347347 international engagements related to humani-2
348348 tarian access and provision of basic services to, 3
349349 and freedom of movement and security and safe 4
350350 return of, displaced persons at camps or facili-5
351351 ties in Iraq, Syria, and any other area affected 6
352352 by ISIS activity, including a description of— 7
353353 (i) support for efforts by the Syrian 8
354354 Democratic Forces to facilitate the return 9
355355 and reintegration of displaced people from 10
356356 Iraq and Syria; 11
357357 (ii) repatriation efforts with respect to 12
358358 displaced women and children and male 13
359359 children aging into adults while held in 14
360360 these facilities and camps; 15
361361 (iii) any current or future potential 16
362362 threat to United States national security 17
363363 interests posed by detained ISIS members 18
364364 or displaced families, including an analysis 19
365365 of the al-Hol camp and annexes; and 20
366366 (iv) United States Government plans 21
367367 and strategies to respond to any threat 22
368368 identified under clause (iii). 23
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372372 (D) The number of individuals repatriated 1
373373 from the custody of the Syrian Democratic 2
374374 Forces. 3
375375 (E) An analysis of factors on the ground 4
376376 in Syria and Iraq that may result in the unin-5
377377 tended release of detained or displaced ISIS 6
378378 members, and an assessment of any measures 7
379379 available to mitigate such releases. 8
380380 (F) A detailed description of efforts to en-9
381381 courage the final disposition and security of de-10
382382 tained or displaced ISIS members with other 11
383383 countries and international organizations. 12
384384 (G) A description of foreign repatriation 13
385385 and rehabilitation programs deemed successful 14
386386 systems to model, and an analysis of the long- 15
387387 term results of such programs. 16
388388 (H) A description of the manner in which 17
389389 the United States Government communicates 18
390390 regarding repatriation and disposition efforts 19
391391 with the families of United States citizens be-20
392392 lieved to have been victims of a criminal act by 21
393393 a detained or displaced ISIS member, in ac-22
394394 cordance with section 503(c) of the Victims’ 23
395395 Rights and Restitution Act of 1990 (34 U.S.C. 24
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399399 20141(c)) and section 3771 of title 18, United 1
400400 States Code. 2
401401 (I) An analysis of all efforts between the 3
402402 United States and partner countries within the 4
403403 Global Coalition to Defeat ISIS or other coun-5
404404 tries to share related information that may aid 6
405405 in resolving the final disposition of ISIS mem-7
406406 bers, and any obstacles that may hinder such 8
407407 efforts. 9
408408 (J) Any other matter the Coordinator con-10
409409 siders appropriate. 11
410410 (2) F
411411 ORM.—The report required by paragraph 12
412412 (1) shall be submitted in unclassified form but may 13
413413 include a classified annex that is transmitted sepa-14
414414 rately. 15
415415 (g) R
416416 ULE OFCONSTRUCTION.—Nothing in this sec-16
417417 tion, or an amendment made by this section, may be con-17
418418 strued— 18
419419 (1) to limit the authority of any Federal agency 19
420420 to independently carry out the authorized functions 20
421421 of such agency; or 21
422422 (2) to impair or otherwise affect the activities 22
423423 performed by that agency as granted by law. 23
424424 Æ
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