[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Pages S8353-S8354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4735. Mr. WARNER 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 E of title V, add the following:

     SEC. 576. COUNTERING EXTREMISM IN THE ARMED FORCES.

       (a) Countering Extremism.--
       (1) In general.--Title 10, United States Code, is amended--
       (A) in Part II of subtitle A, by adding at the end the 
     following new chapter:

                   ``CHAPTER 89--COUNTERING EXTREMISM

``1801. Senior Official for Countering Extremism.
``1802. Training and education.
``1803. Data collection and analysis.
``1804. Reporting requirements.
``1805. Definitions.

     ``Sec. 1801. Senior Official for Countering Extremism

       ``(a) Designation.--The Secretary of Defense shall 
     designate an Under Secretary of Defense as the Senior 
     Official for Countering Extremism.
       ``(b) Duties.--The Senior Official shall--
       ``(1) coordinate and facilitate programs, resources, and 
     activities within the Department of Defense to counter 
     extremist activities, to include screening of publicly 
     available information and Insider Threat Programs;
       ``(2) coordinate with Federal, State, and local enforcement 
     organizations to counter extremism within the Department of 
     Defense;
       ``(3) coordinate with the Secretary of Veterans Affairs on 
     addressing and preventing extremist activities following an 
     individual's separation from the armed forces;
       ``(4) engage and interact with, and solicit recommendations 
     from, outside experts on extremist activities; and
       ``(5) perform any additional duties prescribed by the 
     Secretary of Defense, in consultation with the Secretary of 
     Homeland Security.

     ``Sec. 1802. Training and education

       ``(a) In General.--The Secretary of each military 
     department, in coordination with the Senior Official for 
     Countering Extremism, shall develop and implement training 
     and education programs and related materials to assist 
     members of the armed forces and civilian employees of the 
     Department of Defense in identifying, preventing, responding 
     to, reporting, and mitigating the risk of extremist 
     activities.
       ``(b) Content.--The training and education described in 
     subsection (a) shall include specific material for activities 
     determined by the Senior Official for Countering Extremism as 
     high risk for extremist activities, including recruitment 
     activities and separating members of the armed forces.
       ``(c) Requirements.--The Secretary of Defense, in 
     consultation with the Secretary of Homeland Security, shall 
     provide the training and education described in subsection 
     (a)--
       ``(1) to a member of the armed forces, civilian employee of 
     the Department of Defense, cadet at a military service 
     academy, or an individual in a pre-commissioning program no 
     less than once a year;
       ``(2) to a member of the armed forces whose discharge 
     (regardless of character of discharge) or release from active 
     duty is anticipated as of a specific date within the time 
     period specified under section 1142(a)(3) of this title;
       ``(3) to a member of the armed forces performing 
     recruitment activities within the 30 days prior to commencing 
     such activities; and
       ``(4) additionally as determined by the Secretary of 
     Defense.

     ``Sec. 1803. Data collection and analysis

       ``(a) In General.--The Senior Official for Countering 
     Extremism, in consultation with the Deputy Inspector General, 
     shall establish and maintain a database on extremist 
     activities in the Department of Defense.
       ``(b) Content.--The database established under subsection 
     (a) shall--
       ``(1) include records on each allegation, investigation, 
     disciplinary action, and separation related to extremist 
     activities within the Department of Defense;
       ``(2) include, as appropriate, information related to 
     extremist activities in the armed forces provided by or 
     generated from information from a Federal law enforcement 
     agency; and
       ``(3) any other requirements prescribed by the Secretary of 
     Defense, in consultation with the Secretary of Homeland 
     Security.

     ``Sec. 1804. Reporting requirements

       ``(a) Annual Report.--Not later than December 1 of each 
     year, the Deputy Inspector General, through the Senior 
     Official for Countering Extremism and the Inspector General, 
     shall submit to Congress a report on the prevalence of 
     extremist activities within the Department of Defense.
       ``(b) Elements.--The report required by subsection (a) 
     shall include each of the following elements:
       ``(1) The number of extremist activity allegations, 
     investigations, disciplinary actions, and separations 
     disaggregated data by the armed force, race, gender, 
     ethnicity, grade, and rank of the principal.
       ``(2) An analysis and assessment of trends in the incidence 
     and disposition of extremist activities during the year 
     covered by the report.
       ``(3) Any other matters as determined by the Senior 
     Official for Countering Extremism.
       ``(c) Publication.--The Secretary of Defense shall--
       ``(1) publish on an appropriate publicly available website 
     of the Department of Defense the reports required by 
     subsection (a); and
       ``(2) ensure that any data included with each such report 
     is made available in a machine-readable format that is 
     downloadable, searchable, and sortable.

     ``Sec. 1805. Definitions

       ``The following definitions apply in this chapter:
       ``(1) The term `Deputy Inspector General' means the Deputy 
     Inspector General of the Department of Defense for Diversity 
     and Inclusion and Supremacist, Extremist, and Criminal Gang 
     Activity established by Section 554 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283).
       ``(2) The term `extremist activities' shall--
       ``(A) have the meaning prescribed by the Secretary of 
     Defense; and
       ``(B) include affiliation with (including membership in) an 
     extremist organization.
       ``(3) The term `extremist insider threat' means a member of 
     the armed forces or civilian employee of the Department of 
     Defense with access to government information, systems, or 
     facilities, who--
       ``(A) can use such access to do harm to the security of the 
     United States; and
       ``(B) engages in extremist activities.
       ``(4) The term `extremist organization' shall have the 
     meaning prescribed by the Secretary of Defense.
       ``(5) The term `principal' means a member of the armed 
     forces or civilian employee of the Department of Defense who 
     engages in an extremist activity, or aids, abets, counsels, 
     commands, or procures its commission.''; and
       (B) in chapter 39, by inserting after section 985 the 
     following new section:

     ``Sec. 986. Prohibition on extremist activities

       ``(a) Prohibition.--An individual who engages in extremist 
     activities may not serve as a member of the armed forces.
       ``(b) Regulations.--The Secretary of Defense shall 
     prescribe regulations regarding the separation of a member of 
     the armed forces who engages in extremist activities.
       ``(c) Dissemination of Extremist Content.--The Secretary of 
     Defense may use extremist content knowingly shared, 
     disseminated, or otherwise made available online (including 
     on social media platforms and accounts) by an individual who 
     serves in an armed force as cause for involuntary separation 
     of such individual from an armed force.
       ``(d) Definitions.--In this section:
       ``(1) The term `extremist activities' has the meaning given 
     such term in section 1805 of this title.
       ``(2) The term `extremist content' means content that 
     expresses support for extremist activities (as that term is 
     defined in section 1805 of this title).''.
       (2) Clerical amendments.--
       (A) Part ii of subtitle a.--The table of chapters for part 
     II of subtitle A of title 10, United States Code, is amended 
     by inserting after the item relating to chapter 88 the 
     following new item:

                 ``Chapter 89--Countering Extremism''.

       (B) Chapter 39.--The table of sections at the beginning of 
     chapter 39 is amended by inserting after the item relating to 
     section 985 the following new item:

``986. Prohibition on extremist activities.''.
       (b) Coordination of Efforts With Inspector General.--
     Section 554(a)(3) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283) is amended by adding at the end the following new 
     subparagraph:
       ``(E) The Senior Official for Countering Extremism.''.
       (c) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations under chapter 89 of title 10, United 
     States Code (including definitions under section 1805 of such 
     title), as added by subsection (a).

[[Page S8354]]

       (d) Effective Date.--The amendments made by this section 
     shall take effect on the day that the Secretary of Defense 
     prescribes regulations under subsection (c).
       (e) Progress Report.--Not later than 240 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report on the status of 
     the implementation of chapter 89 of title 10, United States 
     Code, as added by subsection (a)(1)(A), and the 
     implementation of section 986 of such title, as added by 
     subsection (a)(1)(B).
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