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INSIGHTi
FY2022 Military Personnel Issues: Extremism
in the Military
October 19, 2021
Background
Government agencies and other experts have warned of an increasing threat of domestic violent
extremism in the United States, efforts by supremacist and anti-government extremist groups to recruit
those with military experience, and evidence of military-affiliated personnel membership and
participation in these groups’ activities. Extremist and supremacist activity among military-affiliated
personnel has been the subject of several congressional hearings and legislative proposals over the past
few years. This issue received further attention following revelations that several al eged perpetrators of
crimes at the U.S. Capitol on January 6, 2021, had military backgrounds.
In response, the executive branch increased efforts to address these issues. On January 14, 2021, the
Department of Defense Inspector General (DODIG) announced it wil evaluate the extent to which the
Department of Defense (DOD) has implemented policies and programs to address extremism in the ranks.
In February 2021, Defense Secretary Austin issued an order for a 60-day DOD-wide stand down to
address and discuss issues related to extremism. In June 2021, the National Security Council published a
National Strategy for Combatting Domestic Terrorism highlighting some ongoing efforts by DOD and
other agencies to address this issue.
Several provisions included in the National Defense Authorization Act for Fiscal Year 2022 (FY2022
NDAA) would seek to enhance oversight, awareness, and disciplinary authorities related to
servicemember support for or participation in extremist activities (see Table 1).
Table 1. FY2020 NDAA Legislative Proposals
House-passed H.R. 4350
Senate Armed Services Committee-passed S. 2792
Section 525 would add a punitive article to the Uniform
Section 527 would require a DOD report on whether to
Code of Military Justice (UCMJ) on violent extremism.
establish a separate punitive article in the UCMJ on violent
extremism.
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House-passed H.R. 4350
Senate Armed Services Committee-passed S. 2792
Section 529A would
No similar provision.
Prohibit servicemembers from participation in
extremist activities and organizations,
Establish a DOD oversight office with responsibility for
countering extremism policies,
Require training on extremist insider threats, media
literacy, and whistleblower protections,
Require data col ection and reporting on extremist
activities,
Provide authority to utilize online extremist content as
cause for servicemember separation.
Section 518 would prohibit DOD from disciplining a
servicemember for social media posts or online activity
based on the output of an automated algorithmic,
mathematical, or other analytic tool, unless an imminent
threat of physical violence exists.
Section 519 would prohibit DOD from taking disciplinary
action against a servicemember for online speech regarding a
political matter.
Discussion
DOD policy prohibits servicemembers from actively advocating for or participating in organizations that
advocate for “supremacist, extremist, or criminal gang doctrine, ideology, or causes, including those that
advance, encourage, or advocate il egal discrimination based on race, creed, color, sex, religion, ethnicity,
or national origin or those that advance, encourage, or advocate the use of force, violence, or criminal
activity or otherwise advance efforts to deprive individuals of their civil rights.” Those in violation of
these orders may be subject to administrative action or prosecution under the military justice system.
Section 525 of the House-passed bil would create a separate punitive article in the Uniform Code of
Military Justice (UCMJ) criminalizing “violent extremism.” A similar proposal in the House version of
the FY2021 NDAA was not enacted. The Senate bil would require DOD to make recommendations to
the Congress on whether to add such a punitive article. “Violent extremism” is not defined in military law
or policy. Other violent and destructive actions (e.g., assault, rioting, threats) are punishable under the
UCMJ. The proposed article would tie these actions to intent to “intimidate or coerce any person or class
of people,” or “influence, affect, or retaliate against the policy or conduct of the Government of the
United States or any State.”
Section 529A of the House-passed bil would add a new chapter to Title 10, United States Code on
“Countering Extremism.” The Senate bil does not include a similar proposal. This House provision
would codify DOD’s policies (referenced above) with respect to support or activities related to extremism
and would establish a new Office of Countering Extremism within the Office of the Secretary of Defense
for oversight and programming to counter extremism within the military. This office would be required to
coordinate with the Deputy Inspector General for Diversity and Inclusion and Extremism in the Military
as established in the FY2021 NDAA. Section 529A would also require counter extremism training for
recruiters, new recruits, officers, and enlisted members prior to promotion to certain grades, and those
transitioning out of the military. Another requirement of this provision would be enhanced data-tracking
and reporting on extremist activities. The FY2020 and FY2021 NDAAs require DOD to include questions
about experiences with extremist and supremacist activity in surveys, but does not require the services to
collect and report incident data.
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Another provision in Section 529A would authorize DOD to utilize online content expressing support for
extremist activity that is “knowingly shared, disseminated, or otherwise made available” as a cause for
involuntary separation from the Armed Forces. While Sections 518 and 519 of the House bil do not
mention extremism, these provisions would seek to protect servicemembers from disciplinary actions
related to online activity. A 2020 congressional y mandated report on screening enlistees for extremist or
gang-related activity noted DOD was, “exploring the use of social media information in the conduct of
background checks,” and cautioned against “complete reliance on data-driven solutions” due to potential
vulnerabilities.
The Biden Administration’s Statement of Administration Policy on H.R. 4350 opposes Section 529A on
the grounds that “it would impose onerous and overly specific training and data collection requirements
and would foreclose other options to address extremism.”
For more, see CRS Insight IN10299, Sifting Domestic Terrorism from Hate Crime and Homegrown
Violent Extremism, CRS Report R45713, Terrorism, Violent Extremism, and the Internet: Free Speech
Considerations, and CRS Legal Sidebar LSB10570, Unrest at the Capitol: Potential Violations of the
Uniform Code of Military Justice
Author Information
Kristy N. Kamarck
Specialist in Military Manpower
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
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