[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Page S7565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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