[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7858-S7859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4307. 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.--
       ``(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 long-term 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, internally displaced persons and refugees 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 National Defense Authorization Act for 
     Fiscal Year 2022, 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 Coordinator.'';
       (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

[[Page S7859]]

     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 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.
                                 ______