S.Amdt. 5858

1. Adds SEC. 1226. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS IN SYRIA at the end of subtitle B of title XII

   Adds a section

   In S.Amdt. 5499 as proposed

   "(F) all formal or informal agreements involving a strategic military or security partnership with the Russian Federation, the People's Republic of China, or any proxies of either such country.".

   Inserted: SEC. 1226. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS IN SYRIA.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--

   Inserted: (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

   Inserted: (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.

   Inserted: (2) ISIS member.--The term "ISIS member" means a person who was part of, or substantially supported, the Islamic State in Iraq and Syria.

   Inserted: (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).

   Inserted: (b) Sense of Congress.--

   Inserted: It is the sense of Congress that--

   Inserted: (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;

   Inserted: (B) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants;

   Inserted: (C) 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

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   Inserted: (D) 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.

   Inserted: (c) Statement of Policy.--It is the policy of the United States that--

   Inserted: (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

   Inserted: (2) the camps will be closed as soon as is practicable.

   Inserted: (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--

   Inserted: (1) by striking subsection (a);

   Inserted: (2) by amending subsection (b) to read as follows:

   Inserted: "(a) Designation.--

   Inserted: "(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--

   Inserted: "(A) the disposition of such individuals, including in all matters related to--

   Inserted: "(i) repatriation, transfer, prosecution, and intelligence gathering;

   Inserted: "(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

   Inserted: "(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;

   Inserted: "(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;

   Inserted: "(C) coordination with relevant agencies on matters described in this section; and

   Inserted: "(D) any other matter the Secretary of State considers relevant.

   Inserted: "(2) Rule of construction.--If, on the date of the enactment of the the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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.";

   Inserted: (3) in subsection (c), by striking "subsection (b)" and inserting "subsection (a)";

   Inserted: (4) in subsection (e), by striking "January 31, 2021" and inserting "January 31, 2025";

   Inserted: (5) in subsection (f)--

   Inserted: (A) by redesignating paragraph (2) as paragraph (3);

   Inserted: (B) by inserting after paragraph (1) the following new paragraph (2):

   Inserted: "(2) Senior coordinator.--The term 'Senior Coordinator' means the individual designated under subsection (a)."; and

   Inserted: (C) by adding at the end the following new paragraph:

   Inserted: "(4) Relevant agencies.--The term 'relevant agencies' means--

   Inserted: "(A) the Department of State;

   Inserted: "(B) the Department of Defense;

   Inserted: "(C) the Department of the Treasury;

   Inserted: "(D) the Department of Justice;

   Inserted: "(E) the United States Agency for International Development;

   Inserted: "(F) the Office of the Director of National Intelligence; and

   Inserted: "(G) any other agency the President considers relevant."; and

   Inserted: (6) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively.

   Inserted: (e) Strategy on ISIS-related Detainee and Displacement Camps in Syria.--

   Inserted: (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.

   Inserted: (2) Elements.--The strategy required by paragraph (1) shall include--

   Inserted: (A) methods to address--

   Inserted: (i) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps;

   Inserted: (ii) repatriation and, where appropriate, prosecution of foreign nationals from such camps, consistent with all applicable international laws;

   Inserted: (iii) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin;

   Inserted: (iv) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps;

   Inserted: (v) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps;

   Inserted: (vi) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and

   Inserted: (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; and

   Inserted: (B) a plan to improve, in such camps--

   Inserted: (i) security conditions, including by training of personnel and through construction; and

   Inserted: (ii) humanitarian conditions;

   Inserted: (C) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and

   Inserted: (D) any other matter the Secretary of State considers appropriate.

   Inserted: (f) Annual Interagency Report.--

   Inserted: (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:

   Inserted: (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--

   Inserted: (i) a description of the security and management of such facilities and camps

   Inserted: (ii) an assessment of resources required for the security of such facilities and camps; and

   Inserted: (iii) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards.

   Inserted: (B) 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.

   Inserted: (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--

   Inserted: (i) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria;

   Inserted: (ii) repatriation efforts with respect to displaced women and children;

   Inserted: (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

   Inserted: (iv) United States Government plans and strategies to respond to any threat identified under clause (iii).

   Inserted: (D) To the greatest extent practicable under the law and consistent with Department of Justice policy, an analysis of--

   Inserted: (i) United States efforts to prosecute detained or displaced ISIS members; and

   Inserted: (ii) the outcomes of such efforts.

   Inserted: (E) 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.

   Inserted: (F) 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.

   Inserted: (G) 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.

   Inserted: (H) 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.

   Inserted: (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 evidence that may aid in the prosecution of ISIS members, and any legal obstacles that may hinder such efforts.

   Inserted: (J) Any other matter the Coordinator considers appropriate.

   Inserted: (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

   Original wording

   At the end of subtitle B of title XII, add the following:

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As printed