(a) Prohibition
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations—
a policy of the Department of Defense that prohibits the display, possession for display, or use of a hate symbol 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 a tattoo, brand, insignia, patch, apparel, or electronic imagery;
standards for identifying and addressing prohibited hate symbols; and
procedures to review a determination under such policy, order the removal of a symbol determined to be a hate symbol, or other remediation consistent with applicable law.
(b) Exception
The policy under subsection (a) shall not prohibit the good-faith display or use of a symbol for a legitimate religious, educational, intelligence, law enforcement, or investigative purpose. To determine whether such display or use is subject to an exception under this subsection, the Secretary shall consider—
the historical and cultural meaning of the symbol;
the manner, context, and location in which the symbol is displayed;
whether the symbol is associated with an extremist organization or ideology;
whether the display would reasonably be interpreted as communicating support for hatred, discrimination, or violent extremism;
applicable constitutional and statutory law; and
religious accommodations.
(c) Guidance
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
issue guidance and reference materials, developed in consultation with subject matter experts, to assist commanding officers, supervisors, human resources personnel, and investigators, regarding the identification of hate symbols; and
review, in consultation with civil rights experts and organizations with recognized expertise in hate and extremist symbols, and update such guidance not less than once every 36 months after such issuance.
(d) Training
The Secretary shall incorporate instruction on the policy and guidance under this section into existing training programs for members of the covered Armed Forces and civilian employees of the Department of Defense.
(e) Certification
Not later than 180 days after the Secretary prescribes regulations under subsection (a), the Secretary of a military department or head of a Defense agency shall certify to the Secretary of Defense whether their subordinate members of the covered Armed Forces or civilian employees subordinate have implemented the regulations. guidance, and training under this section.
(f) Briefing
Not later than one year 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 briefing detailing the implementation of this section.
(g) Definitions
In this section:
The term hate symbol means any symbol, image, insignia, emblem, tattoo, sign, coded designation, or other visual representation that, in context, would be reasonably understood to promote violence or unlawful discrimination against a person or group based on a protected identity characteristic.
The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force.