Mike D. Rogers
Representative for Alabama · Republican · United States
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(b) Modification of Certain Certifications and Assessments.-- (1) Certifications.--Section 1249(b) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (A) in the matter preceding paragraph (1), by striking ``The certification described'' and inserting following: ``(1) In general.--Except as prov…”
“(b) Objectives.--The Commander shall ensure that the Cognitive Performance Enhancement Program-- (1) improves readiness, resilience, and recovery, using evidence-based holistic and proactive high-performance brain training that has a validated ability to scale cost- effectively across the special operations forces enterprise; [[Page H4842…”
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“(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the Secretary of the Navy and the Secretary of the Air Force, in coordination with the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps-- (1) refine the joint program's process for identifying, analyzing, and responding to all Osprey aircraft safety risks, including incorporating and prioritizing systems and nonsystem safety risks; (2) refine existing oversight structures with clearly defined roles and responsibilities for resolving known system and nonsystem safety risks in a timely manner and conduct periodic reviews of efforts to resolve those risks; (3) assess safety-related information sharing agreements and update the agreements as needed to ensure that a process exists to proactively share relevant safety information from hazard and accident reporting with Osprey units and unit safety personnel across the Armed Forces and ensure timely receipt of such information; (4) establish a routine method, such as a recurring multiservice conference, to share information on Osprey aircraft knowledge and emergency procedures across the joint force; and (5) maintain a method to share information, immediately or near-immediately, on essential Osprey aircraft safety of flight information and changes to safety processes across the joint force.”
“(d) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing describing-- (1) the activities conducted pursuant to subsection (a); (2) any operational integration or interoperability challenge identified in the course of conducting such activities; and [[Page H4778]] (3) recommendations for improving the integration and interoperability of technologies supporting subterranean operations in denied, degraded, and contested communications environments, including with respect to potential transition pathways for such technologies. SEC. 363. IMPROVEMENTS TO OSPREY AIRCRAFT SAFETY EFFORTS.”
“(c) Use of Existing Resources.--In carrying out this section, the Secretary of Defense shall use existing facilities, authorities, training activities, and amounts appropriated or otherwise available for the Department of Defense for such purpose. Nothing in this section shall be construed to require the construction of a new facility or the establishment of a new program office or standalone training activity.”
“(a) Requirement.--The Secretary of Defense, in coordination with the Secretary of the Army and the Commander of the United States Special Operations Command, shall conduct recurring evaluation activities in subterranean environments for the purpose of assessing the integration and interoperability of technologies supporting operations in such environments, including in conditions involving the denial or degradation of the Global Positioning System (GPS) or other contested communications conditions. (b) Activities.--Activities conducted pursuant to subsection (a) shall include the evaluation of technologies supporting sensing, mapping, navigation, communications, command and control, and situational awareness across multiple operational systems and platforms in the denied, degraded, and contested conditions described in subsection (a).”
“9771) apply on a permanent basis; (2) all firefighting structural and aircraft, rescue, and firefighting apparatus are maintained at optimum staffing levels and optimum levels of service at all times; and (3) the cross-manning of firefighter personnel is not permitted between a first due structural fire engine response apparatus and an aircraft, rescue, and firefighting apparatus. SEC. 362. ACTIVITIES FOR EVALUATING INTEGRATION AND INTEROPERABILITY OF TECHNOLOGIES FOR SUBTERRANEAN OPERATIONS.”
“The Secretary of Defense shall ensure that at any Space Force installation with launch and landing facilities-- (1) the minimum staffing requirements for firefighters and the requirements relating to structural and aircraft, rescue, and firefighting apparatus pursuant to section 388 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 2661 note) and section 1110 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 10 U.S.C. note prec.”
“(4) Mechanisms to maximize available resources across organizations responsible for fire safety oversight to better ensure contractor fire safety oversight and alleviate the burden on members of the Navy. (5) Options to reassess progress payment retention rate for surface ship maintenance contracts based on an assessment of the risk to the Government. (6) Options to reassess the ship repair limitation of liability clause. (7) The incorporation of safety performance standards into the Quality Assurance Surveillance Plan of the Secretary. SEC. 361. MINIMUM STAFFING REQUIREMENTS FOR FIRE APPARATUS AT CERTAIN SPACE FORCE INSTALLATIONS.”
“(b) Implementation Plan.--Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a plan to implement the standards established under subsection (a) and to improve fire prevention at private sector repair yards. Such plan shall include each of the following: (1) An identification of installations that do not meet the standards, as of the date of the submission of the plan. (2) Options for addressing capability gaps, including procurement of fireboats, modernization of existing vessels, or agreements with municipal or port authority fire departments. (3) Estimated costs associated with implementing the plan.”
“Such standards shall include each of the following: (1) The minimum pumping capacity required to support firefighting operations aboard naval vessels moored at piers or within harbor areas. (2) Required response times for waterside firefighting assets. (3) The availability of firefighting foam systems and hazardous material response capability suitable for aviation fuel and shipboard fires. (4) The integration of waterside firefighting assets with shipboard damage control systems. (5) The availability of redundant maritime firefighting capability in the event of simultaneous emergencies.”
“(e) Termination.--Not later than three years after the date of enactment of this Act, the pilot program under subsection (a) shall terminate. (f) Covered Data Defined.--In this section, the term ``covered data'' means data relating to the tactical performance and decision-making of, and training effectiveness for, members of the Armed Forces (at the individual, team, and unit levels). SEC. 360. MINIMUM MARITIME FIREFIGHTING CAPABILITY STANDARDS FOR NAVAL INSTALLATIONS THAT BERTH LARGE NAVAL VESSELS. (a) In General.--The Secretary of the Navy shall establish minimum maritime firefighting capability standards for naval installations that berth large naval vessels.”
“(d) Briefing.--Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities, findings, and recommendations resulting from such pilot program, including the following: (1) An assessment of the effectiveness and security of incorporating data derived from sensors specified in subsection (c)(2)(A) into training and readiness analyses. (2) Recommendations regarding the potential expansion or permanent establishment of a program for the collection, storage, and analysis of covered data generated during rotations of members of the Armed Forces across combat training centers and across the Armed Forces.”
“(c) Activities.--In carrying out the pilot program under subsection (a), the Secretary of the Army shall-- (1) designate not fewer than one rotation at a combat training center for the conduct of the pilot program; (2) identify and evaluate technologies and processes for the collection, storage, and analysis of covered data from multiple sources during such rotation, including-- (A) soldier-borne artificial intelligence small arms weapon sensors and related networked systems; and (B) unmanned systems; (3) collect, store, and analyze covered data during such rotation using such technologies and processes; (4) analyze how data generated by the sensors specified in paragraph (2)(A) may contribute to improved lethality, survivability, and situational awareness in multi-domain operations; and (5) evaluate the cost, feasibility, and operational benefits of permanently establishing a program for the collection, storage, and analysis of covered data generated during rotations of members of the Armed Forces across combat training centers.”
“(b) Purposes.--The purposes of the pilot program under subsection (a) shall be to improve the realism of training for members of the Armed Forces, enhance unit readiness, collect observational data for application to efforts of the Department relating to agentic artificial intelligence, and support the development of secure systems and analytic tools that enable the responsible deployment and interoperability of the sensors specified in subsection (c)(2)(A).”
“SEC. 359. PILOT PROGRAM ON DATA COLLECTION AND ANALYSIS IN CONNECTION WITH ARMY COMBAT TRAINING CENTER ROTATIONS. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall establish a pilot program to collect, store, and analyze covered data generated during rotations of members of the Armed Forces at combat training centers.”
“(3) Elements of reports.--Each report required under this subsection shall include, for the period covered by the report-- (A) a description of each counter-fire unmanned aircraft system tested and the performance metrics for each such system; (B) an assessment of operational effectiveness of each such system in fire detection and suppression scenarios; (C) an analysis of the integration of each such system with existing fire protection systems; (D) an identification of any supplementary mission critical use cases for each such system at military installations; (E) a description of any safety incidents and lessons learned for each such system; (F) a cost analysis and projection of return on investment for each such system; (G) any recommendations for the potential broader implementation of each such system across the Department of Defense; and (H) any recommendations for potential dual-use applications of each such system in support of civilian fire authorities.”
“(2) Final report.--Not later than six months after the date of the completion of the pilot program, the Secretary shall submit to the congressional defense committees a final report on the pilot program.”
“(b) Selection of Installations.--The Secretary shall select at least one military installation to participate in the pilot program. In making such a selection, the Secretary shall consider-- (1) geographic diversity, including climate zones and fire risk profiles; (2) existing fire suppression infrastructure and capabilities; (3) airspace availability and compatibility with unmanned aircraft operations; (4) proximity to civilian communities that could benefit from enhanced fire response capabilities; and (5) availability of qualified personnel and training facilities. (c) Reporting Requirements.-- (1) Interim report.--Not later than 18 months after the date of the commencement of the pilot program, the Secretary shall submit to the congressional defense committees an interim report on the pilot program.”
“In carrying out the pilot program, the Secretary shall-- (1) evaluate the effectiveness of counter-fire unmanned aircraft systems with respect to suppressing wildfire, improving the safety of prescribed burns, monitoring wildfire, and responding to other fire emergencies on military installations; (2) assess the integration of fire suppression drone capabilities with existing fire protection and emergency response systems on military installations; [[Page H4777]] (3) determine operational parameters, safety protocols, and certification requirements for counter-fire unmanned aircraft systems; (4) for each counter-fire unmanned aircraft system, evaluate-- (A) suppression payload delivery accuracy; (B) refill and turnaround time; (C) night operations capabilities; (D) beyond visual line-of-sight flight operations; (E) swarm capabilities; and (F) sustained sortie rates; (5) analyze the cost-effectiveness and scalability of counter-fire drone capabilities; and (6) develop training curricula and operational procedures for personnel operating counter-fire unmanned aircraft systems.”
“(a) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall commence a three-year pilot program under which the Secretary shall conduct testing and evaluation of counter-fire unmanned fire suppression and remote sensing aircraft systems at military installations selected for participation in the program.”
“``(d) Funding and Support.--Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Marine Corps museum system.''. SEC. 357. REQUIREMENT FOR FIREGUARD PROGRAM. Section 510(a) of title 32, United States Code, is amended by striking ``may'' and inserting ``shall''. SEC. 358. PILOT PROGRAM FOR TESTING AND EVALUATION OF COUNTER-FIRE UNMANNED FIRE SUPPRESSION AIRCRAFT SYSTEMS ON MILITARY INSTALLATIONS.”
“No museum within such system may be closed until-- ``(1) the Secretary of the Navy submits to the Committees on Armed Services of the House of Representatives and the Senate notice that includes-- ``(A) a plan for the preservation, storage, or alternate display of historical collections contained in the museum; ``(B) how any issues relating to museum personnel will be resolved; ``(C) an identification of any efforts to maintain museum operations through public-private partnerships; and ``(D) an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum; and ``(2) period of 90 days has elapsed after the date on which such notice is received by such committees.”
“Such criteria shall include-- ``(1) historical significance to Marine Corps operations, technology, or personnel; ``(2) public accessibility and educational outreach programs; and ``(3) alignment with the mission of the Marine Corps to preserve the heritage of the Marine Corps. ``(c) Criteria for Closure.--The Secretary of the Navy shall establish criteria for the closure of museums within the Marine Corps museum system.”
“Chapter 861 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8617B. United States Marine Corps Museum System ``(a) In General.--The Secretary of the Navy shall support a system of official Marine Corps museums within the Department of the Navy. Such system shall include the National Museum of the United States Marine Corps and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Navy, that meet criteria established under subsection (b). ``(b) Criteria for Designation.--The Secretary of the Navy shall establish criteria for designating museums of subsection (a) for inclusion in the Marine Corps museum system.”
“``(3) The term `freight forwarder' means a person holding such person out to the general public (other than as a pipeline, rail, motor, air, or water carrier) to provide transportation of property for compensation and in the ordinary course of the business of such person-- ``(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; and ``(B) assumes responsibility for the transportation from the place of receipt to the place of destination.''. (b) Expansion of Coverage.--Section 453(c)(5) of title 37, United States Code, is amended by striking ``baggage and household goods'' and inserting ``personal property''. SEC. 356. ESTABLISHMENT OF UNITED STATES MARINE CORPS MUSEUM SYSTEM.”
“``(e) Arrest or Seizure of Property Pursuant to Federal Criminal or Forfeiture Law.--Nothing in this section shall preclude the United States from arresting or seizing personal property of a member of the armed forces or employee of the Department of Defense pursuant to Federal criminal or forfeiture law. ``(f) Definitions.--In this section: ``(1) The term `broker' means a person, other than a carrier or an employee or agent of a carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by carrier for compensation. ``(2) The term `carrier' means a person, including a freight forwarder, that transports passengers or property in commerce by pipeline, rail, motor, air, or water.”
“``(2) Cargo owned, possessed, or shipped by the Department of Defense. ``(c) Authority to Accomplish Delivery.--The Secretary of Defense may take such actions as may be necessary to recoup, recover, arrange for, or accomplish transportation and delivery of cargo owned, possessed, or shipped by the Department of Defense. ``(d) Delay of Shipment for Undeclared, Mispackaged, or Mislabeled Hazardous Material.--Nothing in this section shall preclude a carrier from stopping the movement of undeclared, mispackaged, mislabeled, or otherwise noncompliant hazardous material shipments until the hazardous material is properly offered for transportation in accordance with section 5103 of title 49 and regulations prescribed under that section.”
“(a) In General.--Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2655. Property owned, possessed, or shipped by the Department of Defense: protection from lien, arrest, or seizure during shipment ``(a) Prohibition.--No carrier, port agent, warehouseman, freight forwarder, broker, or other person involved in the transportation of cargo owned, possessed, or shipped by the Department of Defense may have any lien on, or hold, impound, or otherwise interfere with the transportation of, such cargo. ``(b) Exemption From Arrest or Seizure.--The following are not subject to lien, arrest, or seizure by judicial process in the United States: ``(1) A vessel, aircraft, motor vehicle, rail car, or other conveyance owned by, possessed by, or operated by or for the Department of Defense.”
“Use of registry ``(a) Prohibition.--Subject to subsection (b), beginning 1 year after the date of the enactment of this chapter, a motor carrier may not bid on or perform a Department of Defense freight transportation contract unless the motor carrier is included in the registry. ``(b) Waivers.--The Secretary of Defense may grant waivers from the prohibition under subsection (a) for exigent circumstances.''. (b) Clerical Amendment.--The analysis for subtitle IV of title 49, United States Code, is amended by inserting after the item relating to chapter 139 the following: ``140. SECURE DEFENSE FREIGHT CARRIER REGISTRY.............14001''..... SEC. 355. PROTECTION OF PROPERTY OWNED, POSSESSED, OR SHIPPED BY THE DEPARTMENT OF DEFENSE FROM LIEN, ARREST, OR SEIZURE DURING SHIPMENT.”
“113 note; Public Law 116-283); or ``(ii) any other foreign adversary entity designated by the Secretary of Defense; and ``(B) verification that drivers and personnel with access to Department of Defense freight meet security standards comparable to those required under Transportation Worker Identification Credential programs or other relevant Federal security programs; and ``(4) submit to periodic revetting not less frequently than once every 2 years. ``(b) Application and Approval Process.-- ``(1) In general.--The Secretary shall establish a streamlined application process for inclusion on the registry. ``(2) Requirement.--The process established under paragraph (1) shall include coordination with existing Department of Defense carrier approval systems. ``Sec. 14004.”
“Eligibility and approval ``(a) Eligibility Requirements.--To be included in the registry, a motor carrier shall-- ``(1) hold valid operating authority from the Federal Motor Carrier Safety Administration; ``(2) meet all applicable Department of Defense carrier qualification standards; ``(3) undergo enhanced national security vetting, including-- ``(A) screening for ownership, control, or significant business relationships with-- ``(i) an entity identified on the list maintained by the Department of Defense under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C.”
“Definition of registry ``In this chapter, the term `registry' means the Secure Defense Freight Carrier Registry established under section 14002. ``Sec. 14002. Establishment of registry ``Not later than 1 year after the date of the enactment of this chapter, the Secretary, acting through the Administrator of the Federal Motor Carrier Safety Administration and in coordination with the Secretary of Defense, shall establish and maintain a registry, to be known as the `Secure Defense Freight Carrier Registry', of motor carriers approved to transport freight for the Department of Defense. ``Sec. 14003.”
“``(f) Definitions.--In this section: ``(1) Covered carrier.--The term `covered carrier' means any motor carrier, subcontractor, or owner-operator providing surface transportation services. ``(2) Significant business relationships.--The term `significant business relationships' shall have the meaning given by the Secretary of Defense in regulations.''. SEC. 354. ESTABLISHMENT OF NATIONAL SECURITY REGISTRY FOR MOTOR CARRIERS HANDLING DEPARTMENT OF DEFENSE FREIGHT. (a) In General.--Subtitle IV of title 49, United States Code, is amended by inserting after chapter 139 the following: ``CHAPTER 140--SECURE DEFENSE FREIGHT CARRIER REGISTRY ``14001. Definition of registry. ``14002. Establishment of registry. ``14003. Eligibility and approval. ``14004. Use of registry. ``Sec. 14001.”
“``(c) Flow-down and Recordkeeping.--Prime contractors shall include the substance of this certification requirement in all subcontracts and lease agreements for Department of Defense freight transportation. Covered carriers shall maintain records of certifications for not less than 5 years. ``(d) Penalties.--Any covered carrier that knowingly provides a false certification under this section shall be subject to suspension or debarment from Department of Defense contracting and civil penalties under section 1001 of title 18. [[Page H4776]] ``(e) Implementation.--The Secretary of Defense shall prescribe regulations to implement this section not later than 180 days after the date of the enactment of this section, including integration into existing carrier approval processes of the Military Surface Deployment and Distribution Command.”
“``(b) Contents of Certification.--A certification under this section shall state that, to the best of the covered carrier's knowledge after reasonable inquiry-- ``(1) the covered carrier is not owned or controlled by, and does not have significant business relationships with, any entity identified on the most recent list of Chinese military companies required under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note); and ``(2) the covered carrier will require the same certification from any subcontractor or owner-operator it engages for performance of the contract.”
“Certification regarding affiliations with Chinese military companies for surface transportation contracts ``(a) Certification Required.--(1) No contract for the transportation of cargo by motor carrier for the Department of Defense (including contracts awarded by the United States Transportation Command or the Military Surface Deployment and Distribution Command) may be awarded to, or performed by, any covered carrier unless such covered carrier submits a certification described in subsection (b). ``(2) The requirement under paragraph (1) shall apply to prime contractors, subcontractors, and owner-operators at all tiers.”
“(2) Briefing.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the results of the review under paragraph (1). (e) Definitions.--In this section, the terms ``accountable property'', ``covered disposition'', ``disposition'', and ``significant force reposturing or withdrawal'' have the meanings given such terms in section 2582(f) of title 10, United States Code, as added by subsection (a). SEC. 353. CERTIFICATION REQUIREMENT FOR MOTOR CARRIERS TRANSPORTING DEPARTMENT OF DEFENSE FREIGHT. Chapter 157 of title 10, United States Code, is amended by inserting after section 2631a the following new section: ``Sec. 2631b.”
“(d) GAO Review.-- (1) Review.--The Comptroller General of the United States shall review the implementation of section 2582 of title 10, United States Code, as added by subsection (a), including with respect to-- (A) the completeness of any inventories submitted under such section; (B) the validity of cost comparisons used in implementing such section, including any assumptions used in such comparisons; (C) the adequacy of any plan developed under subsection (a)(5) of such section; and (D) the frequency of, justifications for, and execution of, sales or transfers of accountable property for which a waiver is issued under subsection (b)(2)(A) of such section, including compliance with the notification and reporting requirements of such subsection.”
“(B) A description of any adverse personnel action available, and (as applicable) taken, with respect to members of the Armed Forces as a result of such covered dispositions. (C) An identification of the criteria used to determine whether such covered dispositions trigger a formal investigation or accountability review. (D) Any recommendations for statutory, regulatory, or policy changes to ensure accountability standards are applied consistently and proportionately across ranks and responsibilities. (3) Form.--The report required under this subsection shall be submitted in unclassified form but may include a classified annex.”
“(c) Report on Senior Leader Accountability for Certain Dispositions.-- (1) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing processes to determine accountability for covered dispositions of accountable property in connection with a significant force reposturing or withdrawal. (2) Elements.--The report under paragraph (1) shall include the following: (A) A description of the policies and standards applied to assess individual and command responsibility for the covered dispositions referred to in paragraph (1), including distinctions, if any, by grade, position, or component.”
“(B) A description of any policies or procedures of the Department of Defense governing dispositions for accountable property, including the approval procedures for covered dispositions, and any planned updates to such policies to conform with the requirements of such section 2582. (C) An assessment of any gaps in data that would affect compliance with such requirements, and a plan and timeline to resolve any such gaps. (3) Form.--The report required under this subsection shall be submitted in unclassified form but may include a classified annex.”
“(b) Initial Baseline Report.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that provides baseline information regarding the disposition of accountable property in covered theaters of operation during fiscal year 2026 and contains plans for the implementation of section 2582 of title 10, United States Code, as added by subsection (a). (2) Elements.--The report under paragraph (1) shall include the following: (A) A description of the processes and systems of the Department of Defense for the disposition of accountable property in covered theaters of operations, including any such systems used to record inventories of, or dispositions for, such property.”
“``(9) The term `significant force reposturing or withdrawal' means a reduction, redeployment, or consolidation of the United States Armed Forces that the Secretary of Defense determines is significant for purposes of this section, including any action that-- ``(A) closes, transfers, or materially reduces the capacity of a facility of the Department of Defense; ``(B) results in the disposition of accountable property with an aggregate value exceeding $10,000,000; or ``(C) reduces United States Armed Forces personnel levels by more than 20 percent in a given covered theater of operations over a 90-day period.''.”
“``(6) The term `disposition', with respect to accountable property, includes the retrograde, destruction, demilitarization, sale, transfer, loss, and abandonment of such property. ``(7) The term `foreign terrorist organization' means an organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). ``(8) The term `major defense equipment' has the meaning given such term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).”
“``(5) The term `covered theater of operations' means any geographic area designated by the Secretary of Defense for purposes of this section in which the United States Armed Forces are conducting contingency operations, advising or assisting ally or partner forces engaged in hostilities, or conducting operations in an environment with respect to which the Secretary determines there is a material risk of the loss or abandonment of such property without continuous custody and control by the United States or a partner or ally of the United States as a result of armed conflict, terrorist activity, collapse of an ally or partner force, or seizure by a hostile actor, taking into account any history of diversion of such property to an unauthorized end user.”
“``(3) The term `controlled inventory item' means any item designated as such pursuant to Department of Defense Instruction 5000.64, titled `Accountability and Management of DoD Equipment and Other Accountable Property' and dated June 10, 2019 (or any such successor instruction). ``(4) The term `covered disposition', with respect to accountable property-- ``(A) means disposition of such property other than a retrograde, destruction, demilitarization, sale, or other transfer, carried out in accordance with applicable provisions of law; and ``(B) includes the abandonment of such property without continuous custody and control by the United States or a partner or ally of the United States.”
“``(f) Definitions.--In this section: ``(1) The term `accountable property' means any accountable property of the Department of Defense, as described in Department of Defense Instruction 5000.64, titled `Accountability and Management of DoD Equipment and Other Accountable Property' and dated June 10, 2019 (or any such successor instruction). ``(2) The term `aggregate replacement value', with respect to accountable property, means the total replacement value of such property as reflected in property accountability systems of the Department of Defense, or, if not recorded therein, the best available estimate for such value as determined by the Secretary.”
“``(B) Each notification under subparagraph (A) shall include, to the extent practicable-- ``(i) an identification of the accountable property used in the attack; ``(ii) an identification of the date on which, and the location from which, the property left the custody and control of the United States or an ally or partner of the United States; ``(iii) an attribution as to the actor responsible for the attack; and ``(iv) the total number of casualties caused by the attack. ``(e) Form of Reports.--Each report required under this section shall be submitted in unclassified form but may include a classified annex.”
“``(3)(A) Not later than 30 days after any date on which the Secretary of Defense becomes aware that accountable property subject to a covered disposition in a covered theater of operations has been diverted and used in an attack conducted by a foreign terrorist organization or other hostile actor against the United States, allies or partners of the United States, or local populations, the Secretary shall submit to the congressional defense committees a written notification.”
“[[Page H4775]] ``(D) Any material changes in the resilience of allies or partners of the United States relevant to determinations regarding dispositions for accountable property, including with respect to the risk of infiltration or diversion. ``(2) Not later than 30 days after any date on which the Secretary of Defense becomes aware of a collapse of an ally or partner force or other event that the Secretary determines materially increases the risk of accountable property being diverted in a covered theater of operations, the Secretary shall submit to the congressional defense committees written notification that includes a description of the event, the categories of property at risk of diversion, and any mitigation measure implemented.”
“``(d) Annual Report and Notification Requirements.--(1) Not later than one year after the date of the enactment of this section, and annually thereafter for five years, the Secretary of Defense shall submit to the congressional defense committees a report containing, with respect to the year preceding the date of submission of the report, the following: ``(A) A summary of the dispositions of accountable property in covered theaters of operation, including any covered dispositions. ``(B) A summary of any incidents in which major defense equipment was diverted, including an identification of the quantity and type of equipment so diverted and, to the extent practicable, the assessed end user. ``(C) A summary of risk mitigation measures implemented, consistent with the plan under subsection (a)(5).”