What This Bill Does
This bill modifies an earlier law to create a senior coordinator position within the federal government. That coordinator will oversee efforts to handle ISIS members detained in Syria and displaced populations living in camps there. The bill also requires the State Department to develop a strategy and submit annual reports about these detainees and displaced persons.
##
Who It Affects
- The President and executive branch agencies (State Department, Defense Department, Justice Department, Treasury Department, National Intelligence Director, USAID)
- Congress committees overseeing foreign relations, armed services, intelligence, and homeland security
- ISIS members in custody of Syrian Democratic Forces
- Displaced persons living in camps in Syria, particularly women and children
##
Key Provisions
- The President must designate an existing federal official to serve as Senior Coordinator to oversee ISIS detainee and displaced population matters in Syria. (Sec. 2(d)(1))
- The Senior Coordinator must work with foreign partners to support repatriation, investigation, and prosecution of ISIS members, and coordinate humanitarian access and services for displaced persons at camps. (Sec. 2(d)(1))
- The State Department must submit a comprehensive strategy within 180 days addressing repatriation, rehabilitation, humanitarian conditions, security improvements, and plans to close the camps. (Sec. 2(e)(1))
- The Senior Coordinator must submit annual reports through January 31, 2025 describing camp conditions, security assessments, repatriation efforts, security threats, and communication with families of crime victims. (Sec. 2(f)(1))
- The bill directs efforts to encourage repatriation of foreign nationals and return of Syrian and Iraqi women and children to their home communities. (Sec. 2(e)(2))
##
What Changes
If this becomes law, the government will have a designated Senior Coordinator specifically focused on ISIS detainee and displaced population issues in Syria. Federal agencies must develop and implement a comprehensive strategy within 180 days. Congress will receive detailed annual reports about camp conditions, security threats, repatriation progress, and humanitarian needs through January 31, 2025. The bill emphasizes that the U.S. policy is to repatriate these populations where possible and close the camps as soon as practicable.
##
Important Definitions
- **ISIS member:** A person who was part of or substantially supported the Islamic State in Iraq and Syria. (Sec. 2(a)(2))
- **Senior Coordinator:** The coordinator for detained ISIS members and relevant displaced populations in Syria designated by the President. (Sec. 2(a)(3))
- **Appropriate committees of Congress:** Specific Senate and House committees that oversee armed services, foreign relations, intelligence, judiciary, appropriations, banking, and homeland security. (Sec. 2(a)(1))
- **Refoulement:** Not defined in bill text
- **Relevant agencies:** The State Department, Defense Department, Treasury Department, Justice Department, USAID, the Office of the Director of National Intelligence, and any other agency the President considers relevant. (Sec. 2(d)(6))
##
Effective Date
Not specified in bill text
II
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 popu-
lations in Syria, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Syria Detainee and
4
Displaced Persons Act’’.
5
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
2
•S 356 IS
SEC. 2. MODIFICATION OF ESTABLISHMENT OF COORDI-
1
NATOR FOR DETAINED ISIS MEMBERS AND
2
RELEVANT POPULATIONS IN SYRIA.
3
(a) DEFINITIONS.—In this section:
4
(1)
APPROPRIATE
COMMITTEES
OF
CON-
5
GRESS.—The term ‘‘appropriate committees of Con-
6
gress’’ means—
7
(A) the Committee on Armed Services, the
8
Committee on Foreign Relations, the Com-
9
mittee on the Judiciary, the Committee on
10
Banking, Housing, and Urban Affairs, the Se-
11
lect Committee on Intelligence, the Committee
12
on Appropriations, and the Committee on
13
Homeland Security and Governmental Affairs
14
of the Senate; and
15
(B) the Committee on Armed Services, the
16
Committee on Foreign Affairs, the Committee
17
on the Judiciary, the Committee on Financial
18
Services, the Permanent Select Committee on
19
Intelligence, the Committee on Appropriations,
20
and the Committee on Homeland Security of
21
the House of Representatives.
22
(2) ISIS MEMBER.—The term ‘‘ISIS member’’
23
means a person who was part of, or substantially
24
supported, the Islamic State in Iraq and Syria.
25
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
3
•S 356 IS
(3) SENIOR COORDINATOR.—The term ‘‘Senior
1
Coordinator’’ means the coordinator for detained
2
ISIS members and relevant displaced populations in
3
Syria designated under subsection (a) of section
4
1224 of the National Defense Authorization Act for
5
Fiscal Year 2020 (Public Law 116–92; 133 Stat.
6
1642), as amended by subsection (d).
7
(b) SENSE OF CONGRESS.—
8
It is the sense of Congress that—
9
(A) ISIS detainees held by the Syrian
10
Democratic Forces and ISIS-affiliated individ-
11
uals located within displaced persons camps in
12
Syria pose a significant and growing humani-
13
tarian challenge and security threat to the re-
14
gion;
15
(B) the vast majority of individuals held in
16
displaced persons camps in Syria are women
17
and children, approximately 50 percent of
18
whom are under the age of 12 at the al-Hol
19
camp, and they face significant threats of vio-
20
lence and radicalization, as well as lacking ac-
21
cess to adequate sanitation and health care fa-
22
cilities;
23
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
4
•S 356 IS
(C) there is an urgent need to seek a sus-
1
tainable solution to such camps through repa-
2
triation and reintegration of the inhabitants;
3
(D) the United States should work closely
4
with international allies and partners to facili-
5
tate the repatriation and reintegration efforts
6
required to provide a long-term solution for
7
such camps and prevent the resurgence of ISIS;
8
and
9
(E) if left unaddressed, such camps will
10
continue to be drivers of instability that jeop-
11
ardize the long-term prospects for peace and
12
stability in the region.
13
(c) STATEMENT OF POLICY.—It is the policy of the
14
United States that—
15
(1) ISIS-affiliated individuals located within
16
displacement camps in Syria, and other inhabitants
17
of displacement camps in Syria, be repatriated and,
18
where appropriate, prosecuted, or where possible, re-
19
integrated into their country of origin, consistent
20
with all relevant domestic laws and applicable inter-
21
national laws prohibiting refoulement; and
22
(2) the camps will be closed as soon as is prac-
23
ticable.
24
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
5
•S 356 IS
(d) MODIFICATION OF ESTABLISHMENT OF COORDI-
1
NATOR FOR DETAINED ISIS MEMBERS AND RELEVANT
2
DISPLACED POPULATIONS IN SYRIA.—Section 1224 of the
3
National Defense Authorization Act for Fiscal Year 2020
4
(Public Law 116–92; 133 Stat. 1642) is amended—
5
(1) by striking subsection (a);
6
(2) by amending subsection (b) to read as fol-
7
lows:
8
‘‘(a) DESIGNATION.—
9
‘‘(1) IN GENERAL.—The President, in consulta-
10
tion with the Secretary of Defense, the Secretary of
11
State, the Director of National Intelligence, the Sec-
12
retary of the Treasury, the Administrator of the
13
United States Agency for International Develop-
14
ment, and the Attorney General, shall designate an
15
existing official to serve within the executive branch
16
as senior-level coordinator to coordinate, in conjunc-
17
tion with other relevant agencies, matters related to
18
ISIS members who are in the custody of the Syrian
19
Democratic Forces and other relevant displaced pop-
20
ulations in Syria, including—
21
‘‘(A) by engaging foreign partners to sup-
22
port the repatriation and disposition of such in-
23
dividuals, including by encouraging foreign
24
partners to repatriate, transfer, investigate, and
25
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
6
•S 356 IS
prosecute such ISIS members, and share infor-
1
mation;
2
‘‘(B) coordination of all multilateral and
3
international engagements led by the Depart-
4
ment of State and other agencies that are re-
5
lated to the current and future handling, deten-
6
tion, and prosecution of such ISIS members;
7
‘‘(C) the funding and coordination of the
8
provision of technical and other assistance to
9
foreign countries to aid in the successful inves-
10
tigation and prosecution of such ISIS members,
11
as appropriate, in accordance with relevant do-
12
mestic laws, international humanitarian law,
13
and other internationally recognized human
14
rights and rule of law standards;
15
‘‘(D) coordination of all multilateral and
16
international engagements related to humani-
17
tarian access and provision of basic services to,
18
and freedom of movement and security and safe
19
return of, displaced persons at camps or facili-
20
ties in Syria that hold family members of such
21
ISIS members;
22
‘‘(E) coordination with relevant agencies
23
on matters described in this section; and
24
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
7
•S 356 IS
‘‘(F) any other matter the President con-
1
siders relevant.
2
‘‘(2) RULE OF CONSTRUCTION.—If, on the date
3
of the enactment of the Syria Detainee and Dis-
4
placed Persons Act, an individual has already been
5
designated, consistent with the requirements and re-
6
sponsibilities described in paragraph (1), the re-
7
quirements under that paragraph shall be considered
8
to be satisfied with respect to such individual until
9
the date on which such individual no longer serves
10
as the Senior Coordinator.’’;
11
(3) in subsection (c), by striking ‘‘subsection
12
(b)’’ and inserting ‘‘subsection (a)’’;
13
(4) in subsection (d), by striking ‘‘subsection
14
(b)’’ and inserting ‘‘subsection (a)’’;
15
(5) in subsection (e), by striking ‘‘January 31,
16
2021’’ and inserting ‘‘January 31, 2025’’;
17
(6) in subsection (f)—
18
(A) by redesignating paragraph (2) as
19
paragraph (3);
20
(B) by inserting after paragraph (1) the
21
following new paragraph (2):
22
‘‘(2) SENIOR COORDINATOR.—The term ‘Senior
23
Coordinator’ means the individual designated under
24
subsection (a).’’; and
25
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
8
•S 356 IS
(C) by adding at the end the following new
1
paragraph:
2
‘‘(4) RELEVANT AGENCIES.—The term ‘relevant
3
agencies’ means—
4
‘‘(A) the Department of State;
5
‘‘(B) the Department of Defense;
6
‘‘(C) the Department of the Treasury;
7
‘‘(D) the Department of Justice;
8
‘‘(E) the United States Agency for Inter-
9
national Development;
10
‘‘(F) the Office of the Director of National
11
Intelligence; and
12
‘‘(G) any other agency the President con-
13
siders relevant.’’; and
14
(7) by redesignating subsections (c) through (f)
15
as subsections (b) through (e), respectively.
16
(e) STRATEGY ON ISIS-RELATED DETAINEE AND
17
DISPLACEMENT CAMPS IN SYRIA.—
18
(1) IN
GENERAL.—Not later than 180 days
19
after the date of the enactment of this Act, the Sec-
20
retary of State, in coordination with the Secretary of
21
Defense, the Director of National Intelligence, the
22
Secretary of the Treasury, the Administrator of the
23
United States Agency for International Develop-
24
ment, and the Attorney General, shall submit to the
25
VerDate Sep 11 2014
02:01 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
9
•S 356 IS
appropriate committees of Congress an interagency
1
strategy with respect to ISIS-affiliated individuals
2
and ISIS-related detainee and other displaced per-
3
sons camps in Syria.
4
(2) ELEMENTS.—The strategy required by
5
paragraph (1) shall include—
6
(A) methods to address—
7
(i) disengagement from and preven-
8
tion of recruitment into violence, violent
9
extremism, and other illicit activity in such
10
camps;
11
(ii) efforts to encourage and facilitate
12
repatriation and, as appropriate, investiga-
13
tion and prosecution of foreign nationals
14
from such camps, consistent with all rel-
15
evant domestic and applicable international
16
laws;
17
(iii) the return and reintegration of
18
displaced Syrian and Iraqi women and
19
children into their communities of origin;
20
(iv) international engagement to de-
21
velop processes for repatriation and re-
22
integration of foreign nationals from such
23
camps;
24
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
10
•S 356 IS
(v) contingency plans for the reloca-
1
tion of detained and displaced persons who
2
are not able to be repatriated from such
3
camps;
4
(vi) efforts to improve the humani-
5
tarian conditions in such camps, including
6
through the delivery of medicine, psycho-
7
social support, clothing, education, and im-
8
proved housing; and
9
(vii) assessed humanitarian and secu-
10
rity needs of all camps and detainment fa-
11
cilities based on prioritization of such
12
camps and facilities most at risk of hu-
13
manitarian crises, external attacks, or in-
14
ternal violence;
15
(B) an assessment of—
16
(i) rehabilitation centers in northeast
17
Syria, including humanitarian conditions
18
and processes for admittance and efforts to
19
improve both humanitarian conditions and
20
admittance processes for such centers and
21
camps, as well as on the prevention of
22
youth radicalization; and
23
(ii) processes for being sent to, and
24
resources directed towards, rehabilitation
25
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
11
•S 356 IS
centers and programs in countries that re-
1
ceive returned ISIS affiliated individuals,
2
with a focus on the prevention of
3
radicalization of minor children;
4
(C) a plan to improve, in such camps—
5
(i) security conditions, including by
6
training of personnel and through con-
7
struction; and
8
(ii) humanitarian conditions;
9
(D) a framework for measuring progress of
10
humanitarian, security, and repatriation efforts
11
with the goal of closing such camps; and
12
(E) any other matter the Secretary of
13
State considers appropriate.
14
(3) FORM.—The strategy required by para-
15
graph (1) shall be submitted in unclassified form but
16
may include a classified annex that is transmitted
17
separately.
18
(f) ANNUAL INTERAGENCY REPORT.—
19
(1) IN
GENERAL.—Not later than 180 days
20
after the date of the enactment of this Act, and not
21
less frequently than annually thereafter through
22
January 31, 2025, the Senior Coordinator, in co-
23
ordination with the relevant agencies, shall submit to
24
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
12
•S 356 IS
the appropriate committees of Congress a detailed
1
report that includes the following:
2
(A) A detailed description of the facilities
3
and camps where detained ISIS members, and
4
families with perceived ISIS affiliation, are
5
being held and housed, including—
6
(i) a description of the security and
7
management of such facilities and camps;
8
(ii) an assessment of resources re-
9
quired for the security of such facilities
10
and camps;
11
(iii) an assessment of the adherence
12
by the operators of such facilities and
13
camps to international humanitarian law
14
standards; and
15
(iv) an assessment of children held
16
within such facilities and camps that may
17
be used as part of smuggling operations to
18
evade security at the facilities and camps.
19
(B) A description of all efforts undertaken
20
by, and the resources needed for, the United
21
States Government to address deficits in the
22
humanitarian environment and security of such
23
facilities and camps.
24
VerDate Sep 11 2014
00:08 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\S356.IS
S356
kjohnson on DSK79L0C42PROD with BILLS
13
•S 356 IS
(C) A description of all multilateral and
1
international engagements related to humani-
2
tarian access and provision of basic services to,
3
and freedom of movement and security and safe
4
return of, displaced persons at camps or facili-
5
ties in Iraq, Syria, and any other area affected
6
by ISIS activity, including a description of—
7
(i) support for efforts by the Syrian
8
Democratic Forces to facilitate the return
9
and reintegration of displaced peo
[Text truncated for display. Full text available on Congress.gov.]