Inspector General Oversight of Diversity and Inclusion in Department of Defense; Supremacist, Extremist, or Criminal Gang Activity in the Armed ForcesPuspan. L. 116–283, div. A, title V, § 554, Jan. 1, 2021, 134 Stat. 3633, as amended by Puspan. L. 117–81, div. A, title V, § 549K, Dec. 27, 2021, 135 Stat. 1731, provided that:“(a)Establishment of Additional Assistant Inspector General of the Department of Defense.—“(1)In general.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Inspector General of the Department of Defense shall appoint, in the Office of the Inspector General of the Department of Defense, an additional Assistant Inspector General who—“(A) shall be a member of the Senior Executive Service; and
“(B) shall be under the authority, direction, and control of the Inspector General.
“(2)Duties.—Subject to the Inspector General Act of 1978 (Public Law 95–452; [former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.], the Deputy Inspector General shall have the following duties:“(A) Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of audits, investigations, and inspections, of policies, programs, systems, and processes of the Department—“(i) to determine the effect of such policies, programs, systems, and processes regarding personnel on diversity and inclusion in the Department; and
“(ii) to prevent and respond to supremacist, extremist, and criminal gang activity of a member of the Armed Forces.
“(B) Additional duties prescribed by the Inspector General.
“(3)Coordination of efforts.—In carrying out the duties under paragraph (2), the Assistant Inspector General shall coordinate with, and receive the cooperation of the following:“(A) The Inspector General of the Army.
“(B) The Inspector General of the Navy.
“(C) The Inspector General of the Air Force.
“(D) The other Deputy Inspectors General of the Department.
“(4)Reports.—“(A)One-time report.—Not later than 180 days after the date of the enactment of this Act, the Inspector General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing, with respect to the Assistant Inspector General appointed under this subsection:“(i) the duties and responsibilities to be assigned to such Assistant Inspector General;
“(ii) the organization, structure, staffing, and funding of the office established to support such Assistant Inspector General in the execution of such duties and responsibilities;
“(iii) challenges to the establishment of such Assistant Inspector General and such office, including any shortfalls in personnel and funding; and
“(iv) the date by which the Inspector General expects such Assistant Inspector General and the office will reach full operational capability.
“(B)Semiannual reports.—Not later than 30 days after the end of the second and fourth quarters of each fiscal year beginning in fiscal year 2022, the Inspector General shall submit to the Secretary a report including a summary of the activities of the Assistant Inspector General during the two fiscal quarters preceding the date of the report, for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 405]..[sic] “(C)Annual reports.—The Inspector General shall submit, through the Secretary, to the Committees on Armed Services of the Senate and the House of Representatives annual reports presenting findings and recommendations regarding—“(i) the effects of policies, programs, systems, and processes of the Department, regarding personnel, on diversity and inclusion in the Department; and
“(ii) the effectiveness of such policies, programs, systems, and processes in preventing and responding to supremacist, extremist, and criminal gang activity of a member of the Armed Forces.
“(D)Occasional reports.—The Inspector General shall, from time to time, submit to the Secretary additional reports as the Inspector General may determine.
“(E)Online publication.—The Inspector General shall publish each report under this paragraph on a publicly accessible website consistent with the requirements of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.]..[sic] “(span)Establishment of Standard Policies, Processes, Tracking Mechanisms, and Reporting Requirements for Supremacist, Extremist, and Criminal Gang Activity in Certain Armed Forces.—“(1)In general.—The Secretary of Defense shall establish policies, processes, and mechanisms, standard across the covered Armed Forces, that ensure that—“(A) all allegations (and related information) that a member of a covered Armed Force has engaged in a prohibited activity, are referred to the Inspector General of the Department of Defense;
“(B) the Inspector General can document and track the referral, for purposes of an investigation or inquiry of an allegation described in paragraph (1), to—“(i) a military criminal investigative organization;
“(ii) an inspector general;
“(iii) a military police or security police organization;
“(iv) a military commander;
“(v) another organization or official of the Department; or
“(vi) a civilian law enforcement organization or official;
“(C) the Inspector General can document and track the referral, to a military commander or other appropriate authority, of the final report of an investigation or inquiry described in subparagraph (B) for action;
“(D) the Inspector General can document the determination of whether a member described in subparagraph (A) engaged in prohibited activity;
“(E) the Inspector General can document whether a member of a covered Armed Force was subject to action (including judicial, disciplinary, adverse, or corrective administrative action) or no action, as the case may be, based on a determination described in subparagraph (D); and
“(F) the Inspector General can provide, or track the referral to a civilian law enforcement agency of, any information described in this paragraph.
“(2)Report.—Not later than December 1 of each year beginning after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the appropriate congressional committees a report on the policies, processes, and mechanisms implemented under paragraph (1). Each report shall include, with respect to the fiscal year preceding the date of the report, the following:“(A) The total number of referrals received by the Inspector General under paragraph (1)(A);
“(B) The total number of investigations and inquiries conducted pursuant to a referral described in paragraph (1)(B);
“(C) The total number of members of a covered Armed Force who, on the basis of determinations described in paragraph (1)(D) that the members engaged in prohibited activity, were subject to action described in paragraph (1)(E), including—“(i) court-martial,
“(ii) other criminal prosecution,
“(iii) non-judicial punishment under Article 15 of the Uniform Code of Military Justice [10 U.S.C. 815]; or “(iv) administrative action, including involuntary discharge from the Armed Forces, a denial of reenlistment, or counseling.
“(D) The total number of members of a covered Armed Force described in paragraph (1)(A) who were not subject to action described in paragraph (1)(E), notwithstanding determinations described in paragraph (1)(D) that such members engaged in prohibited activity.
“(E) The total number of referrals described in paragraph (1)(F).
“(3)Definitions.—In this subsection:“(A) The term ‘appropriate congressional committees’ means—“(i) the Committee on the Judiciary and the Committee on Armed Services of the Senate; and
“(ii) the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives.
“(B) The term ‘covered Armed Force’ means an Armed Force under the jurisdiction of the Secretary of a military department.
“(C) The term ‘prohibited activity’ means an activity prohibited under Department of Defense Instruction 1325.06, titled ‘Handling Dissident and Protest Activities Among Members of the Armed Forces’, or any successor instruction.”
[Puspan. L. 117–81, § 549K, which directed amendment of section 554(a) of Puspan. L. 116–283, set out above, by substituting “assistant” for “deputy” in section span, was executed by substituting “Assistant” for “Deputy” in subsec. span, to reflect the probable intent of Congress.]
