Syria Detainee and Displaced Persons Act

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. 1. Short title This Act may be cited as the Syria Detainee and Displaced Persons Act 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (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, and the Committee on Appropriations 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, and the Committee on Appropriations of the House of Representatives. (2) ISIS member The term ISIS member (3) Senior Coordinator The term Senior Coordinator Public Law 116–92 3. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The Islamic State of Iraq and Syria (ISIS) rose to power in 2013 and reached its territorial peak in December 2014. (2) After the territorial defeat of ISIS in 2019, displacement camps began to house detained alleged ISIS members and families with perceived ISIS affiliation. (3) The al-Hol and Roj displacement camps, located in Syria near the Syria-Iraq border, now house a significant number of individuals affiliated with ISIS who live alongside other displaced persons. (4) The al-Hol camp currently contains approximately 56,000 residents— (A) an estimated 80 percent of whom are women and children; and (B) an estimated 50 percent of whom are under 12 years of age. (5) The al-Hol camp is severely underdeveloped, with ragged tents, primitive water and sewage facilities, and few healthcare facilities or safe spaces for education. (6) International organizations working in the al-Hol and Roj camps, including Save the Children, Doctors Without Borders, and the Norwegian Refugee Council, have all expressed concerns about poor living conditions, criminal behavior, and death threats against volunteers at the camps. (7) The Syrian Democratic Forces, essential partners in the ongoing fight to achieve an enduring defeat of ISIS, and who are responsible for guarding the al-Hol camp and other similar camps, assert that they lack the resources to properly secure such camps. (8) The United States currently has troops deployed in Syria to ensure the enduring defeat of ISIS and support the Syrian Democratic Forces. (9) In 2021, 90 incidents of violence were reported inside the al-Hol camp. Syrian and Iraqi camp residents and at least 2 aid workers were killed during such incidents. (10) Nearly 8,000 of the residents of the al-Hol camp come from roughly 55 countries other than Syria or Iraq, but such other countries have been slow to acknowledge repatriation requests. (11) Learning centers in the camps have closed because of COVID–19. Lacking formal education, some of the roughly 28,000 children inside the al-Hol camp are being taught by their mothers and are potentially being indoctrinated with ISIS ideology. (12) The Syrian Democratic Forces operate 28 prisons that house approximately 12,000 captured ISIS fighters and supporters. (13) In January 2022, 10 ISIS fighters entered the Hasakah prison and sought to liberate the approximately 5,000 ISIS prisoners. After a 10-day battle, hundreds of ISIS fighters were able to escape, and their whereabouts are still unknown. (14) Beginning approximately on August 25, 2022, and ending approximately on September 18, 2022, Syrian Democratic Forces, supported by United States troops, conducted an extensive security sweep of the al-Hol displaced persons camp, arresting 300 ISIS operatives, confiscating explosives, and liberating 6 women who had been enslaved by ISIS, at least 1 of whom had been so enslaved since she was a child. (15) In April 2022, General Michael Erik an ISIS army-in-waiting requires a whole-of-government approach focused on engagement with allies and partners. (16) The first trial on United States soil of a major ISIS figure occurred in April 2022. The ISIS terrorist was sentenced to life in prison for his role in the kidnapping and murder of James Foley, Peter Kassig, Steven Sotloff, and Kayla Mueller. (b) Sense of Congress It is the sense of Congress that— (1) 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; (2) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants; (3) 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 (4) 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. 4. 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 or, where appropriate, prosecuted, and where possible, reintegrated into their country of origin, consistent with all applicable international laws prohibiting refoulement; and (2) the camps will be closed as soon as is practicable. 5. 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 (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, all matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including— (A) the disposition of such individuals, including in all matters related to— (i) repatriation, transfer, prosecution, and intelligence gathering; (ii) 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, including such engagements with the International Criminal Police Organization; and (iii) the coordination of the provision of technical and evidentiary assistance to foreign countries to aid in the successful prosecution of such ISIS members, as appropriate, in accordance with international humanitarian law and other internationally recognized human rights and rule of law standards; (B) 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; (C) coordination with relevant agencies on matters described in this section; and (D) any other matter the Secretary of State considers relevant. (2) Rule of construction If, on the date of the enactment of the Syria Detainee and Displaced Persons Act ; (3) in subsection (c), by striking subsection (b) subsection (a) (4) in subsection (e), by striking January 31, 2021 January 31, 2025 (5) 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 ; and (C) by adding at the end the following new paragraph: (4) Relevant agencies The term relevant agencies (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 (6) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. 6. Strategy on ISIS-related detainee and displacement camps in Syria (a) 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. (b) Elements The strategy required by subsection (a) shall include— (1) methods to address— (A) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps; (B) repatriation and, where appropriate, prosecution of foreign nationals from such camps, consistent with all applicable international laws; (C) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin; (D) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps; (E) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps; (F) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and (G) 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; and (2) a plan to improve, in such camps— (A) security conditions, including by training of personnel and through construction; and (B) humanitarian conditions; (3) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and (4) any other matter the Secretary of State considers appropriate. 7. Annual interagency report (a) 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: (1) A detailed description of the facilities and camps where detained ISIS members, and families with perceived ISIS affiliation, are being held and housed, including— (A) a description of the security and management of such facilities and camps (B) an assessment of resources required for the security of such facilities and camps; and (C) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards. (2) A description of all efforts undertaken by the United States Government to address deficits in the humanitarian environment and security of such facilities and camps. (3) 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— (A) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria; (B) repatriation efforts with respect to displaced women and children; (C) 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 (D) United States Government plans and strategies to respond to any threat identified under subparagraph (C). (4) To the greatest extent practicable under the law and consistent with Department of Justice policy, an analysis of— (A) United States efforts to prosecute detained or displaced ISIS members; and (B) the outcomes of such efforts. (5) A detailed description of any option to expedite prosecution of any detained ISIS member, including in a court of competent jurisdiction outside of the United States. (6) 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. (7) A detailed description of efforts to coordinate the disposition and security of detained or displaced ISIS members with other countries and international organizations, including the International Criminal Police Organization, to ensure secure chains of custody and locations of such ISIS members. (8) An analysis of the manner in which the United States Government communicates on such proposals and efforts with the families of United States citizens believed to have been victims of a criminal act by a detained or displaced ISIS member. (9) An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share intelligence or evidence that may aid in the prosecution of ISIS members, and any legal obstacles that may hinder such efforts. (10) Any other matter the Coordinator considers appropriate. (b) Form The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 1. Short title This Act may be cited as the Syria Detainee and Displaced Persons Act 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 (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, and the Committee on Appropriations 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, and the Committee on Appropriations of the House of Representatives. (2) ISIS member The term ISIS member (3) Senior Coordinator The term Senior Coordinator Public Law 116–92 (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 (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 intelligence; (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 ; (3) in subsection (c), by striking subsection (b) subsection (a) (4) in subsection (d), by striking subsection (b) subsection (a) (5) in subsection (e), by striking January 31, 2021 January 31, 2024 (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 ; and (C) by adding at the end the following new paragraph: (4) Relevant agencies The term relevant agencies (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, 2024, 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; and (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) (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 intelligence or 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. December 7, 2022 Reported with an amendment

Summary: Syria Detainee and Displaced Persons Act This bill addresses detainees in Syria affiliated with the Islamic State in Iraq and Syria (ISIS), including by requiring an interagency strategy regarding such detainees.