S.Amdt. 4735

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).

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(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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