S.Amdt. 4125Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4125
Sponsored by
Sen. Jeanne Shaheen (D-NH)
Submitted November 1, 2021
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Senate amendment submitted
November 1, 2021
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Submitted
SA 4125. Mrs. SHAHEEN submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title XII, add the following: SEC. 1224. 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-- (a) by striking subsection (a); (b) by amending subsection (b) to read as follows: ``(a) Designation.--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-- ``(1) the long-term disposition of such individuals, including in all matters related to-- ``(A) repatriation, transfer, prosecution, and intelligence-gathering; ``(B) 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 ``(C) 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; ``(2) 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, internally displaced persons and refugees at camps or facilities in Syria that hold family members of such ISIS members; ``(3) coordination with relevant agencies on matters described in this section; and ``(4) any other matter the Secretary of State considers relevant.''; (c) in subsection (c), by striking ``subsection (b)'' and inserting ``subsection (a)''; (d) by amending subsection (d) to read as follows: ``(d) Annual Report.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than once each year thereafter through January 31, 2024, the 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 where detained ISIS members described in paragraph (1) are being held, including security and management of such facilities and adherence to international humanitarian law standards. ``(B) 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, internally displaced persons and refugees 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 of refugees from Iraq and Syria; ``(ii) repatriation efforts with respect to displaced women and children; ``(iii) any current or future potential threat to United States national security interests posed by detained ISIS members, 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). ``(C) An analysis of all United States efforts to prosecute detained ISIS members and the outcomes of such efforts. Any information, the disclosure of which may violate Department of Justice policy or law, relating to a prosecution or investigation may be withheld from a report under this subsection. ``(D) 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. ``(E) An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of detained ISIS members, and an assessment of any measures available to mitigate such releases. ``(F) A detailed description of efforts to coordinate the disposition and security of detained 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. ``(G) An analysis of the manner in which the United States Government communicates on such proposals and efforts to the families of United States citizens believed to be a victim of a criminal act by a detained ISIS member. ``(H) 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. ``(I) Any other matter the Coordinator considers appropriate. ``(2) Form.--The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.''; (e) in subsection (e), by striking ``January 31, 2021'' and inserting ``January 31, 2024''; (f) in subsection (f)-- (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): ``(2) Coordinator.--The term `Coordinator' means the individual designated under subsection (a).''; and (3) 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 (g) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. ______