Syria Detainee and Displaced Persons Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 356 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 356

To amend the National Defense Authorization Act for Fiscal Year 2020 to 
modify the establishment of a coordinator for detained ISIS members and 
    relevant displaced populations in Syria, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

  Mrs. Shaheen (for herself, Mr. Graham, Mr. Menendez, and Mr. Risch) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To amend the National Defense Authorization Act for Fiscal Year 2020 to 
modify the establishment of a coordinator for detained ISIS members and 
    relevant displaced populations in Syria, 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 ``Syria Detainee and Displaced Persons 
Act''.

SEC. 2. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR DETAINED ISIS 
              MEMBERS AND RELEVANT POPULATIONS IN SYRIA.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on the Judiciary, 
                the Committee on Banking, Housing, and Urban Affairs, 
                the Select Committee on Intelligence, the Committee on 
                Appropriations, and the Committee on Homeland Security 
                and Governmental Affairs of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on the Judiciary, the 
                Committee on Financial Services, the Permanent Select 
                Committee on Intelligence, the Committee on 
                Appropriations, and the Committee on Homeland Security 
                of the House of Representatives.
            (2) ISIS member.--The term ``ISIS member'' means a person 
        who was part of, or substantially supported, the Islamic State 
        in Iraq and Syria.
            (3) Senior coordinator.--The term ``Senior Coordinator'' 
        means the coordinator for detained ISIS members and relevant 
        displaced populations in Syria designated under subsection (a) 
        of section 1224 of the National Defense Authorization Act for 
        Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642), as 
        amended by subsection (d).
    (b) Sense of Congress.--
            It is the sense of Congress that--
                    (A) ISIS detainees held by the Syrian Democratic 
                Forces and ISIS-affiliated individuals located within 
                displaced persons camps in Syria pose a significant and 
                growing humanitarian challenge and security threat to 
                the region;
                    (B) the vast majority of individuals held in 
                displaced persons camps in Syria are women and 
                children, approximately 50 percent of whom are under 
                the age of 12 at the al-Hol camp, and they face 
                significant threats of violence and radicalization, as 
                well as lacking access to adequate sanitation and 
                health care facilities;
                    (C) there is an urgent need to seek a sustainable 
                solution to such camps through repatriation and 
                reintegration of the inhabitants;
                    (D) the United States should work closely with 
                international allies and partners to facilitate the 
                repatriation and reintegration efforts required to 
                provide a long-term solution for such camps and prevent 
                the resurgence of ISIS; and
                    (E) if left unaddressed, such camps will continue 
                to be drivers of instability that jeopardize the long-
                term prospects for peace and stability in the region.
    (c) Statement of Policy.--It is the policy of the United States 
that--
            (1) ISIS-affiliated individuals located within displacement 
        camps in Syria, and other inhabitants of displacement camps in 
        Syria, be repatriated and, where appropriate, prosecuted, or 
        where possible, reintegrated into their country of origin, 
        consistent with all relevant domestic laws and applicable 
        international laws prohibiting refoulement; and
            (2) the camps will be closed as soon as is practicable.
    (d) Modification of Establishment of Coordinator for Detained ISIS 
Members and Relevant Displaced Populations in Syria.--Section 1224 of 
the National Defense Authorization Act for Fiscal Year 2020 (Public Law 
116-92; 133 Stat. 1642) is amended--
            (1) by striking subsection (a);
            (2) by amending subsection (b) to read as follows:
    ``(a) Designation.--
            ``(1) In general.--The President, in consultation with the 
        Secretary of Defense, the Secretary of State, the Director of 
        National Intelligence, the Secretary of the Treasury, the 
        Administrator of the United States Agency for International 
        Development, and the Attorney General, shall designate an 
        existing official to serve within the executive branch as 
        senior-level coordinator to coordinate, in conjunction with 
        other relevant agencies, matters related to ISIS members who 
        are in the custody of the Syrian Democratic Forces and other 
        relevant displaced populations in Syria, including--
                    ``(A) by engaging foreign partners to support the 
                repatriation and disposition of such individuals, 
                including by encouraging foreign partners to 
                repatriate, transfer, investigate, and prosecute such 
                ISIS members, and share information;
                    ``(B) coordination of all multilateral and 
                international engagements led by the Department of 
                State and other agencies that are related to the 
                current and future handling, detention, and prosecution 
                of such ISIS members;
                    ``(C) the funding and coordination of the provision 
                of technical and other assistance to foreign countries 
                to aid in the successful investigation and prosecution 
                of such ISIS members, as appropriate, in accordance 
                with relevant domestic laws, international humanitarian 
                law, and other internationally recognized human rights 
                and rule of law standards;
                    ``(D) coordination of all multilateral and 
                international engagements related to humanitarian 
                access and provision of basic services to, and freedom 
                of movement and security and safe return of, displaced 
                persons at camps or facilities in Syria that hold 
                family members of such ISIS members;
                    ``(E) coordination with relevant agencies on 
                matters described in this section; and
                    ``(F) any other matter the President considers 
                relevant.
            ``(2) Rule of construction.--If, on the date of the 
        enactment of the Syria Detainee and Displaced Persons Act, an 
        individual has already been designated, consistent with the 
        requirements and responsibilities described in paragraph (1), 
        the requirements under that paragraph shall be considered to be 
        satisfied with respect to such individual until the date on 
        which such individual no longer serves as the Senior 
        Coordinator.'';
            (3) in subsection (c), by striking ``subsection (b)'' and 
        inserting ``subsection (a)'';
            (4) in subsection (d), by striking ``subsection (b)'' and 
        inserting ``subsection (a)'';
            (5) in subsection (e), by striking ``January 31, 2021'' and 
        inserting ``January 31, 2025'';
            (6) in subsection (f)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) Senior coordinator.--The term `Senior Coordinator' 
        means the individual designated under subsection (a).''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) Relevant agencies.--The term `relevant agencies' 
        means--
                    ``(A) the Department of State;
                    ``(B) the Department of Defense;
                    ``(C) the Department of the Treasury;
                    ``(D) the Department of Justice;
                    ``(E) the United States Agency for International 
                Development;
                    ``(F) the Office of the Director of National 
                Intelligence; and
                    ``(G) any other agency the President considers 
                relevant.''; and
            (7) by redesignating subsections (c) through (f) as 
        subsections (b) through (e), respectively.
    (e) Strategy on ISIS-Related Detainee and Displacement Camps in 
Syria.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        coordination with the Secretary of Defense, the Director of 
        National Intelligence, the Secretary of the Treasury, the 
        Administrator of the United States Agency for International 
        Development, and the Attorney General, shall submit to the 
        appropriate committees of Congress an interagency strategy with 
        respect to ISIS-affiliated individuals and ISIS-related 
        detainee and other displaced persons camps in Syria.
            (2) Elements.--The strategy required by paragraph (1) shall 
        include--
                    (A) methods to address--
                            (i) disengagement from and prevention of 
                        recruitment into violence, violent extremism, 
                        and other illicit activity in such camps;
                            (ii) efforts to encourage and facilitate 
                        repatriation and, as appropriate, investigation 
                        and prosecution of foreign nationals from such 
                        camps, consistent with all relevant domestic 
                        and applicable international laws;
                            (iii) the return and reintegration of 
                        displaced Syrian and Iraqi women and children 
                        into their communities of origin;
                            (iv) international engagement to develop 
                        processes for repatriation and reintegration of 
                        foreign nationals from such camps;
                            (v) contingency plans for the relocation of 
                        detained and displaced persons who are not able 
                        to be repatriated from such camps;
                            (vi) efforts to improve the humanitarian 
                        conditions in such camps, including through the 
                        delivery of medicine, psychosocial support, 
                        clothing, education, and improved housing; and
                            (vii) assessed humanitarian and security 
                        needs of all camps and detainment facilities 
                        based on prioritization of such camps and 
                        facilities most at risk of humanitarian crises, 
                        external attacks, or internal violence;
                    (B) an assessment of--
                            (i) rehabilitation centers in northeast 
                        Syria, including humanitarian conditions and 
                        processes for admittance and efforts to improve 
                        both humanitarian conditions and admittance 
                        processes for such centers and camps, as well 
                        as on the prevention of youth radicalization; 
                        and
                            (ii) processes for being sent to, and 
                        resources directed towards, rehabilitation 
                        centers and programs in countries that receive 
                        returned ISIS affiliated individuals, with a 
                        focus on the prevention of radicalization of 
                        minor children;
                    (C) a plan to improve, in such camps--
                            (i) security conditions, including by 
                        training of personnel and through construction; 
                        and
                            (ii) humanitarian conditions;
                    (D) a framework for measuring progress of 
                humanitarian, security, and repatriation efforts with 
                the goal of closing such camps; and
                    (E) any other matter the Secretary of State 
                considers appropriate.
            (3) Form.--The strategy required by paragraph (1) shall be 
        submitted in unclassified form but may include a classified 
        annex that is transmitted separately.
    (f) Annual Interagency Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and not less frequently than 
        annually thereafter through January 31, 2025, the Senior 
        Coordinator, in coordination with the relevant agencies, shall 
        submit to the appropriate committees of Congress a detailed 
        report that includes the following:
                    (A) A detailed description of the facilities and 
                camps where detained ISIS members, and families with 
                perceived ISIS affiliation, are being held and housed, 
                including--
                            (i) a description of the security and 
                        management of such facilities and camps;
                            (ii) an assessment of resources required 
                        for the security of such facilities and camps;
                            (iii) an assessment of the adherence by the 
                        operators of such facilities and camps to 
                        international humanitarian law standards; and
                            (iv) an assessment of children held within 
                        such facilities and camps that may be used as 
                        part of smuggling operations to evade security 
                        at the facilities and camps.
                    (B) A description of all efforts undertaken by, and 
                the resources needed for, the United States Government 
                to address deficits in the humanitarian environment and 
                security of such facilities and camps.
                    (C) A description of all multilateral and 
                international engagements related to humanitarian 
                access and provision of basic services to, and freedom 
                of movement and security and safe return of, displaced 
                persons at camps or facilities in Iraq, Syria, and any 
                other area affected by ISIS activity, including a 
                description of--
                            (i) support for efforts by the Syrian 
                        Democratic Forces to facilitate the return and 
                        reintegration of displaced people from Iraq and 
                        Syria;
                            (ii) repatriation efforts with respect to 
                        displaced women and children and male children 
                        aging into adults while held in these 
                        facilities and camps;
                            (iii) any current or future potential 
                        threat to United States national security 
                        interests posed by detained ISIS members or 
                        displaced families, including an analysis of 
                        the al-Hol camp and annexes; and
                            (iv) United States Government plans and 
                        strategies to respond to any threat identified 
                        under clause (iii).
                    (D) The number of individuals repatriated from the 
                custody of the Syrian Democratic Forces.
                    (E) An analysis of factors on the ground in Syria 
                and Iraq that may result in the unintended release of 
                detained or displaced ISIS members, and an assessment 
                of any measures available to mitigate such releases.
                    (F) A detailed description of efforts to encourage 
                the final disposition and security of detained or 
                displaced ISIS members with other countries and 
                international organizations.
                    (G) A description of foreign repatriation and 
                rehabilitation programs deemed successful systems to 
                model, and an analysis of the long-term results of such 
                programs.
                    (H) A description of the manner in which the United 
                States Government communicates regarding repatriation 
                and disposition efforts with the families of United 
                States citizens believed to have been victims of a 
                criminal act by a detained or displaced ISIS member, in 
                accordance with section 503(c) of the Victims' Rights 
                and Restitution Act of 1990 (34 U.S.C. 20141(c)) and 
                section 3771 of title 18, United States Code.
                    (I) An analysis of all efforts between the United 
                States and partner countries within the Global 
                Coalition to Defeat ISIS or other countries to share 
                related information that may aid in resolving the final 
                disposition of ISIS members, and any obstacles that may 
                hinder such efforts.
                    (J) Any other matter the Coordinator considers 
                appropriate.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form but may include a classified 
        annex that is transmitted separately.
    (g) Rule of Construction.--Nothing in this section, or an amendment 
made by this section, may be construed--
            (1) to limit the authority of any Federal agency to 
        independently carry out the authorized functions of such 
        agency; or
            (2) to impair or otherwise affect the activities performed 
        by that agency as granted by law.
                                 &lt;all&gt;
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