[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4996 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4996
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
September 28, 2022
Mrs. Shaheen (for herself and Mr. Graham) 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. DEFINITIONS.
In this Act:
(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, 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'' 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 section 5.
SEC. 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'' Kurilla,
Commander of the United States Central Command, became the
first senior official of United States Armed Forces to inspect
the al-Hol camp and Hasakah prison. General Kurilla has
described the ISIS detainees as ``an ISIS army-in-waiting''
that ``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.
SEC. 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.
SEC. 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; 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, 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, 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 (e), by striking ``January 31, 2021'' and
inserting ``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'
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
(6) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively.
SEC. 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.
SEC. 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.
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