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Code · BILL · 116th Congress · H.R. 6395 (Engrossed in House) — To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military c... · Sec. 537

Sec. 537. Tracking mechanism and reporting requirements for supremacist, extremist, and criminal gang activity in the Armed Forces

387 words·~2 min read·/bill/116/hr/6395/eh/section-537·

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The Secretary of Defense shall develop and implement a process to track investigations, criminal and administrative actions, and final determinations with respect to conduct of members of the covered Armed Forces that is prohibited under Department of Defense Instruction 1325.06, titled Handling Dissident and Protest Activities Among Members of the Armed Forces , or any successor instruction. The process under subsection
(a)shall include the following: A mechanism that military criminal investigative organizations may use— to track criminal investigations into the prohibited conduct described in subsection (a), including a mechanism to track those investigations that are forwarded to commanders for administrative action; to provide relevant information from criminal investigations and administrative actions to civilian law enforcement agencies; and to track final administrative actions taken with respect to investigations that are referred to commanders. A mechanism commanders may use to provide information to military criminal investigative organizations on any serious conduct under consideration for administrative action or any final administrative actions taken with respect to the prohibited conduct described in subsection (a). A standardized database, shared among the covered Armed Forces, to ensure that the tracking required under subsection
(a)is carried out in the same manner across such Armed Forces. Not later than December 1 of each year beginning after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the process implemented under subsection (a). Each report shall include— the number of investigations, criminal and administrative actions, and final determinations tracked over the preceding year; the number of individuals discharged from the covered Armed Forces due to activities prohibited under Department of Defense Instruction 1325.06 and a description of the circumstances that led to such discharges; and of the actions enumerated under paragraph (1), the number of instances in which information on the conduct of a member of the covered Armed Forces was referred to civilian law enforcement agencies as a result of the investigation or action. In this section: The term appropriate congressional committees means— the Committee on the Judiciary and the Committee on Armed Services of the Senate; and the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives. The term covered Armed Forces means the Army, the Navy, the Air Force, and the Marine Corps.
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