OFFICE OF THE

INSPECTOR GENERAL DEFENSE INTELLIGENCE AGENCY

Final Memorandum 2021-1002

Assessment of Agency’s Compliance

with E.O. 13950 on Combating Race

and Sex Stereotyping

Defense Intelligence Agency

Office of the Inspector General

Final Memorandum: 2021-1006

Assessment of Agency’s Compliance with E.O. 13950 on

Combating Race and Sex Stereotyping

December 15, 2020

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Defense Intelligence Agency ATTN: Office of the Inspector General

7400 Pentagon Washington, DC 20301-7400

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DEFENSE INTELLIGENCE AGENCY

official memo U-20-0230/0IG

DATE: December 15, 2020

TO: Director (LTG Berrier)

FROM: Office of the Inspector General

SUBJECT: Final Results Memorandum for Assessment of Agency's Compliance with E.O. 13950 on Combating Race and Sex Stereotyping, Project 2021-1002

REFS: a. Executive Order on Combating Race and Sex Stereotyping, September 22, 2020, (Document is UNCLASSIFIED)

b. Secretary of Defense Memorandum, Implementation of the Executive Order on Combating Race and Sex Stereotyping, October 16, 2020, (Document is UNCLASSIFIED)

1. (U) In accordance with Reference (a) we have assessed DIA's overall compliance on Combating Race and Sex Stereotyping. The Executive Order (E.O.) requires Federal agencies, Federal grantees, Federal contractors, and the Uniformed Services to review and not promote training that includes divisive concepts, race or sex stereotyping, and race and sex scapegoating. In addition, the E.O. does not permit Federal contractors to convey those views (divisive concepts, race or sex stereotyping, and race and sex scapegoating) to its employees.

2. (U) As outlined in Reference (b), the Department of Defense (DoD) is an agency for E.O. 13950. As a result, we assessed DIA as a component of DoD and coordinated our assessment with the DoD Office oflnspector General (DoD OIG). We will send the final results to DoD OIG by today. Reference (b) directs the DoD to comply with the E.0. effective immediately. The DoD Chief Management Officer, Secretaries of the Military Departments, and the DoD Inspector General will serve as the senior Department officials responsible for ensuring compliance with the E.0.

3. (U) Scope and Methodology: We assessed DIA's implementation ofE.O. 13950 from November 20 through December 8, 2020. We interviewed Agency officials responsible for E.O. implementation and reviewed relevant contract and Agency documentation to support compliance. To identify contracts issued on or after November 20, 2020, we used DIA's contracting system report and reviewed the original contract and applicable modifications to ensure contract language met E.O. requirements. We requested a list of all diversity and inclusion trainings offered by DIA from Equal Opportunity and Diversity officials and assessed if identified trainings were paused as required by the E.O. Additionally, we coordinated with our

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Investigations Division to determine ifthere were any Hotline complaints related to the E.O. We made a similar request to DIA's Office of Human Resources on whether any Equal Opportunity complaints were filed that related to diversity and inclusion training, or promoting race or stereotyping outlined in this E.O.

4. (U) This assessment was not an audit or evaluation, and therefore we did not conduct it per Government Auditing Standards or Quality Standards for Inspection and Evaluation. Rather, this project was conducted using DIA Office of the Inspector General Internal Policies and Procedures for Assessments, in consideration of the Agile Products Toolkit put forth by the Pandemic Response Accountability Committee and the Council of the Inspectors General on Integrity and Efficiency Guide, "Guidance for Compliance Reviews on the Executive Order (E.O.) on Combating Race and Sex Stereotyping," October 19, 2020. These policies and procedures include requirements for adhering to standards for independence, due professional care, quality assurance, and confirming presented information's accuracy.

5. (U) Results: Based on the assessment procedures, we determined that DIA took steps to comply with E.O. 13950 sections 4.1, 4.3, 5, 6.b, 6.c.i, 7.a, 7.b, and 9, and is awaiting DoD guidance for section 7.c. We also determined that the requirement to comply with section 6.c.iii applies to DoD, which is the Agency under the E.O., and not directly to DIA. At the end of this memorandum, we have a suggestion for DIA to improve further compliance with the E.O. For each section of E.O. 13950, the results of the assessment are as follows:

a. (U) E.O. Section 4-Government Contracts

1. (U) Incorporating the Contract Clause (Sub-Section 4.1 and Section 9): DIA complied with these sections. As outlined in the Office of the Under Secretary of Defense Memorandum, "Class Deviation-Combating Race and Sex Stereotyping," dated November 20, 2020, DIA officials disseminated the guidance to the workforce on November 20, 2020, and updated DIA's contract management system on November 30, 2020. Since November 21, 2020, DIA has awarded only two contracts. One contract included the required contract clause, but the remaining contract did not incorporate the required language into the original contract award. 1

However, DIA modified the contract to include the required contract clause2 on December 8, 2020.

ii. (U) Developing Policies on Contractor Non-Compliance (Sub-Section 4.3): DIA officials stated that they implemented the E.O. requirement through the incorporation of the contract clause outlined in the Office of the Under Secretary of Defense Memorandum, "Class Deviation-Combating Race and Sex Stereotyping", dated November 20, 2020, DFARS 252.222.7999(e) and (f).

1 (U) The contract language outlined in E.O. 13950 section 4(a)(l-4) stipulates four provisions to be included in Government contracts.

2 (U) DIA is using the Defense Federal Acquisition Regulation Supplement (DF ARS) 252.222.7999, "Combating Sex and Stereotyping (DEVIATION 2021-0000 I)."

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b. (U) E.O. Section 5-Grants Requirements

i. (U) This section does not apply to DIA; DIA transitioned its grant program to the Office of the Director of National Intelligence in October 2020 as outlined in a Memorandum of Understanding between DIA and the Office of the Director of National Intelligence.

c. (U) E.O. Section 6-Agency Requirements

i. (U) Pursuing Adverse Actions (Sub-Section 6.b): DIA to date has not identified the promotion of race or sex stereotyping or scapegoating in DIA program and activities. DIA has not had any Hotline or Equal Opportunity complaint proceeding relevant to E.O. 13950 against any supervisor or employee. Therefore, DIA has not had cause to pursue any performance-based adverse actions related to E.O. 13950.

11. (U) Incorporating Policies into Agency Operations (Sub-Section 6.c.i): Various DIA offices are awaiting further guidance from DoD, while CFO has provided guidance to the agency as outlined in section 4.a.ii.

m. (U) Designating a Political Appointee (Sub-Section 6.c.iii): This section is not applicable to DIA; DoD is an agency for the E.O. and DIA is a component of DoD as outlined in Reference (b ).

d. (U) E.O. Section 7-Training Requirements

i. (U) Compiling Diversity and Inclusion Training for U.S. Office of Personnel Management (OPM) Review (Sub-Section 7.a): DIA took steps to comply with this section of the E.O. but our review indicated there may be other relevant training to pause for review. As a component of DoD, DIA must submit its training report to DoD who will relay it to OPM. DIA has not submitted trainings based on the requirements.

IL (U) The DIA Equal Opportunity and Diversity Office stated that it had paused all trainings directly focused on diversity and inclusion until approved. The following table lists diversity and inclusion trainings that DIA officials identified as being paused, pending review and approval:

(U) Table A. DIA Diversitv and Inclusion Trainings Identified by DIA Officials

Training Code Trainin2 Description DIA-HRS-2033 LGBT Diversity and Inclusion Briefing DIA-HRS-3004 Diversity and Inclusion Workshop DIA-HRS-3009 Diversity Boot Camp Workshop

Table is UNCLASSIFIED.

m. (U) To compile the training list, DIA's Equal Opportunity and Diversity Office reviewed and discussed E.O. 13950 with representatives from DIA's Academy for Defense Intelligence (ADI), Office of Corporate Communications, and Office of the

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General Counsel (OGC). DIA otlicials identified and paused trainings directly focused on diversity and inclusion based on their understanding of the E.O. 13950.

iv. (U) The Advance Global Intelligence Leaming Environment (AGILE) 3 included additional trainings that appear to be related to diversity and inclusion. Table B displays a list of diversity and inclusion trainings that were still listed as of December 8, 2020:

(U) Table B. Diversity and Inclusion Trainings Listed on AGILE4

Trainin~ Code Traininl?: Description DIA-CMP-2093* DIA Equal Employment Opportunity and

Diversity USN-HR-EEO D&I-001 EEO, Diversity and Inclusion NGA DIV2101 Diversity and EEO for Decision-Makers DIA-EE0-1003** Transgender Inclusion in the IC- How you can

make a difference * (U) Per DIA Officials, the course relates to business processes and is not directly focused on diversity and inclusion, so they did not include it in the list of trainings to be paused.

** (U) Course is listed in the AGILE catalogue but had no classes available to sign-up for or scheduled to run.

Table is UNCLASSIFIED.

v. (U) Also, in one instance a DIA official encouraged the workforce to participate in a Diversity and Inclusion Coaching Webinar held on November 10, 2020 that was not approved. The contractor for DIA's coaching program developed the training, but the training was not in the contract's scope. This training was sent to all of the contractor's clients, and a Government employee sent it to all DIA coaches. DIA identified that the webinar training was a one-time offer and will not be repeated.

vi. (U) While there may be additional trainings the agency needs to pause and submit for review, we found that there have been no Equal Opportunity or Hotline complaints regarding the promotion of race or sex stereotyping or scapegoating. DIA instructed the DIA coaching workforce, on December 7, 2020, from ADI, to add a disclaimer when sending out notices about webinars, learning opportunities, and collaboration opportunities advertised by others in the DIA's coaching community. The DIA disclaimer states:

"Non-governmental developmental opportunities are not sponsored by the government and do not necessarily represent the official views of the

3 (U) AGILE is community-wide Learning Management System that includes training that is sponsored and used by the Intelligence Community's members.

4 (U) The U.S. Navy and NGA courses identified in Table Bare non DIA courses. DIA is not responsible to stop or pause these courses, even though these are available to DIA workforce through AGILE.

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government. In addition, government employees participate in any learning events with the knowledge and approval of thei~ supervisors."

vu. (U) Based on our observations related to training, we developed a suggestion in paragraph 6 designed to assist DIA with the E.O. requirements.

vm. (U)Developing Policies on Contractor Debarment (Sub-Section 7.b): DIA implemented the E.O. requirement through the incorporation of the contract clause outlined in the Office of the Under Secretary of Defense Memorandum, "Class Deviation-Combating Race and Sex Stereotyping", dated November 20, 2020, DFARS 252.222.7999(e) and (f).

ix. (U) Compiling Spending on Diversity and Inclusion Training Programs (Sub­section 7.c): According to DIA officials, DIA is awaiting direction from DoD before submitting its financial report based on the requirements.

6. (U) Suggestion: We suggest the designated DIA Diversity Equality and Inclusion Lead overseeing the E.O. training requirement implementation:

I. (U) Coordinate with the designated DoD E.O. official to determine whether courses with diversity and inclusion components, but are primarily focused on other topics, should be paused and submitted for review.

II. (U) Coordinate with the designated DoD E.0. official to assure DIA's written disclaimer for officers using Agency time and systems to share outside trainings, webinars, learning opportunities, and collaboration opportunities related to diversity and inclusion is appropriate.

iii. (U) Request input from DIA officials at the Directorate and Special Office levels to confirm that the list of diversity and inclusion trainings submitted for review to DoD is complete.

7. (U) During the exit conference on Monday, December 14, 2020, we confirmed DIA's perspective and feedback on the results presented in this memorandum. My points of contact for this project are Ms. Mary Webb, the project manager, available at (202) 231-1085 or by email at mary.webb@dodiis.mil, or Mr. David Staley, the Assistant Inspector General for Audits, available at (202) 231- 5852 or by email at david.staley@dodiis.mil. We appreciated your participation during our exit conference and cooperation with this assessment.

cc: See distribution list.

Kristi M. W aschull Inspector General

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Distribution List: DD (Ms. White) CS (Mr. Sawyer/Mr. Dixson) MS (Mr. Kirchhofer/Mr. McAuley) CFO (Mr. Rush/Ms. Fisher) CF0-4 (Mr. Atkins/Mr. Quigley) EO (Ms. Glover-Jones/Mr. Painter) OGC (Mr. Gade/Ms. St. Peter) OOC (Mr. Schmidli/Ms. Dinger) ADI (Ms. Smith/Mr. Colston) OHR (Ms. Horsley/Mr. Ealey) EMR (Ms. Malvaso/Ms. Harris) DoD OIG (Ms. Scotland/Mr. Dixon)

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