Department of Defense-wide hate symbol policy and recruiter and workforce training requirement

(a) Department-wide policy required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue a Department-wide policy applicable to members of the Armed Forces and civilian employees of the Department of Defense that— (1) prohibits the display, possession for display, or use of hate symbols in the workplace or in connection with official duties, including on the body, uniform, civilian work attire, personal equipment, government property, or digital work platforms, including through tattoos, brands, insignia, patches, apparel, or electronic imagery; (2) establishes uniform minimum standards for identifying and addressing prohibited hate symbols across all military departments and defense agencies; (3) requires each military department and defense agency to revise its regulations and instructions to comply with such policy; and (4) provides procedures for review, waiver where appropriate, removal, or remediation consistent with applicable law. (b) Hate symbol defined (1) In general In this section, the term hate symbol — (A) means any symbol, image, insignia, emblem, tattoo, sign, coded designation, or other visual representation that, in context, would reasonably be understood as expressing, advocating, endorsing, or promoting hatred, unlawful discrimination, violent extremism, or supremacy directed against a protected class or group; and (B) does not include the good-faith display or use of symbols for legitimate religious, cultural, historical, educational, artistic, intelligence, law enforcement, or investigative purposes where the circumstances do not reasonably indicate support for extremist ideology or unlawful discrimination. (2) Considered factors In determining whether a symbol constitutes a hate symbol under this section, the Secretary of Defense shall consider— (A) the historical and cultural meaning of the symbol; (B) the manner, context, and location in which the symbol is displayed; (C) whether the symbol is associated with extremist organizations or ideologies; (D) whether the display would reasonably be interpreted as communicating support for hatred, discrimination, or violent extremism; and (E) applicable constitutional, statutory, and religious accommodation protections. (c) Identification guidance The Secretary of Defense shall— (1) develop and maintain supplemental guidance and reference materials, in consultation with subject matter experts, to assist commanders, supervisors, human resources personnel, and investigators in identifying hate symbols; and (2) not less than every three years, review and, if necessary, update such guidance and reference materials in consultation with civil rights experts and organizations with recognized expertise in hate and extremist symbols. (d) Training requirement The Secretary of Defense shall incorporate instruction on the hate symbol policy and identification guidance into existing training programs for— (1) members of the Armed Forces; and (2) civilian employees of the Department of Defense; (e) Implementation and oversight (1) Certification Not later than 180 days after the date of the enactment of this Act, each military department and defense agency shall certify compliance with the requirements under this section. (2) Briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the implementation of this provision.