Work Not Woke Act
This bill prohibits certain training that includes race or sex stereotyping or scapegoating.
Specifically, the uniformed services shall not teach, instruct, or train any member of the services to believe any concepts that include race or sex stereotyping or scapegoating.
Government contracting agencies must include in each government contract provisions stating that the contractor shall not use any workplace training that inculcates any form of race or sex stereotyping or scapegoating. The Department of Labor's Office of Federal Contract Compliance Programs must establish a hotline and investigate complaints alleging that a federal contractor is utilizing such training programs in violation of the contractor's obligations.
All federal agencies must review their grant programs and identify programs for which the agency may, as a condition of receiving a grant, require the recipient to certify that it will not use federal funds to promote certain concepts that include race or sex stereotyping or scapegoating.
The bill requires the Office of Personnel Management and the Office of Management and Budget to take specified actions regarding review of agency training.
The Department of Justice should continue to assess the extent to which workplace training that teaches race or sex stereotyping or scapegoating may contribute to a hostile work environment and give rise to potential liability under title VII of the Civil Rights Act of 1964.
The bill prohibits obligating or expending federal funds to carry out specified executive orders related to diversity, equity, and inclusion.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2712 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2712
To enact into law the requirements of the Executive order issued on
September 22, 2020, relating to Combating Race and Sex Stereotyping, to
prohibit the use of Federal funds to carry out Executive Orders 13985,
14035, and 14091, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Hern (for himself, Mr. Banks, Mr. Ellzey, Mr. Van Drew, Mr. Norman,
Mr. Babin, Mr. Duncan, Mrs. Harshbarger, Mr. Rosendale, Mr. Timmons,
Mr. Ogles, Mr. Grothman, Mr. Bishop of North Carolina, Mr. Gosar, Mr.
Good of Virginia, Mrs. Miller of Illinois, Mr. Nehls, Ms. Greene of
Georgia, Mrs. Lesko, Mr. Arrington, Mr. Wilson of South Carolina, Mr.
Walberg, Mr. Rouzer, Mr. Alford, and Mr. Fry) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability, and in addition to the Committees on Armed Services,
and Education and the Workforce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enact into law the requirements of the Executive order issued on
September 22, 2020, relating to Combating Race and Sex Stereotyping, to
prohibit the use of Federal funds to carry out Executive Orders 13985,
14035, and 14091, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work Not Woke Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Agency.--The term ``agency'' means any department,
agency, instrumentality, or establishment of the executive
branch of Government.
(2) Divisive concepts.--
(A) The term ``divisive concepts'' means the
concepts that--
(i) one race or sex is inherently superior
to another race or sex;
(ii) the United States is fundamentally
racist or sexist;
(iii) an individual, by virtue of his or
her race or sex, is inherently racist, sexist,
or oppressive, whether consciously or
unconsciously;
(iv) an individual should be discriminated
against or receive adverse treatment solely or
partly because of his or her race or sex;
(v) members of one race or sex cannot and
should not attempt to treat others without
respect to race or sex;
(vi) an individual's moral character is
necessarily determined by his or her race or
sex;
(vii) an individual, by virtue of his or
her race or sex, bears responsibility for
actions committed in the past by other members
of the same race or sex;
(viii) any individual should feel
discomfort, guilt, anguish, or any other form
of psychological distress on account of his or
her race or sex; or
(ix) meritocracy or traits such as a hard
work ethic are racist or sexist, or were
created by a particular race to oppress another
race.
(B) The term ``divisive concepts'' also includes
any other form of race or sex stereotyping or any other
form of race or sex scapegoating.
(3) OMB.--The term ``OMB'' means the Office of Management
and Budget.
(4) OPM.--The term ``OPM'' means the Office of Personnel
Management.
(5) Race or sex stereotyping.--The term ``race or sex
stereotyping'' means ascribing character traits, values, moral
and ethical codes, privileges, status, or beliefs to a race or
sex, or to an individual because of his or her race or sex.
(6) Race or sex scapegoating.--The term ``race or sex
scapegoating'' means assigning fault, blame, or bias to a race
or sex, or to members of a race or sex because of their race or
sex. It similarly encompasses any claim that, consciously or
unconsciously, and by virtue of his or her race or sex, members
of any race are inherently racist or are inherently inclined to
oppress others, or that members of a sex are inherently sexist
or inclined to oppress others.
(7) Senior political appointee.--The term ``senior
political appointee'' means an individual appointed by the
President, or a non-career member of the Senior Executive
Service (or agency-equivalent system).
SEC. 3. REQUIREMENTS FOR THE UNITED STATES UNIFORMED SERVICES.
The United States Uniformed Services, including the United States
Armed Forces, shall not teach, instruct, or train any member of the
United States Uniformed Services, whether serving on active duty,
serving on reserve duty, attending a military service academy, or
attending courses conducted by a military department pursuant to a
Reserve Officer Corps Training program, to believe any divisive
concepts. No member of the United States Uniformed Services shall face
any penalty or discrimination on account of his or her refusal to
support, believe, endorse, embrace, confess, act upon, or otherwise
assent to such concepts.
SEC. 4. REQUIREMENTS FOR GOVERNMENT CONTRACTORS.
(a) In General.--Except in contracts exempted in the manner
provided by section 204 of Executive Order 11246 of September 24, 1965
(Equal Employment Opportunity), all Government contracting agencies
shall include in every Government contract hereafter entered into the
following provisions: ``During the performance of this contract, the
contractor agrees as follows:
``(1) The contractor shall not use any workplace training
that inculcates in its employees any form of race or sex
stereotyping or any form of race or sex scapegoating, including
the concepts that--
``(A) one race or sex is inherently superior to
another race or sex;
``(B) an individual, by virtue of his or her race
or sex, is inherently racist, sexist, or oppressive,
whether consciously or unconsciously;
``(C) an individual should be discriminated against
or receive adverse treatment solely or partly because
of his or her race or sex;
``(D) members of one race or sex cannot and should
not attempt to treat others without respect to race or
sex;
``(E) an individual's moral character is
necessarily determined by his or her race or sex;
``(F) an individual, by virtue of his or her race
or sex, bears responsibility for actions committed in
the past by other members of the same race or sex;
``(G) any individual should feel discomfort, guilt,
anguish, or any other form of psychological distress on
account of his or her race or sex; or
``(H) meritocracy or traits such as a hard work
ethic are racist or sexist, or were created by a
particular race to oppress another race.
The term `race or sex stereotyping' means ascribing character
traits, values, moral and ethical codes, privileges, status, or
beliefs to a race or sex, or to an individual because of his or
her race or sex, and the term `race or sex scapegoating' means
assigning fault, blame, or bias to a race or sex, or to members
of a race or sex because of their race or sex.
``(2) The contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice, to be provided by the agency contracting officer,
advising the labor union or workers' representative of the
contractor's commitments under the Work Not Woke Act, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
``(3) In the event of the contractor's noncompliance with
the requirements of paragraphs (1), (2), and (4), or with any
rules, regulations, or orders that may be promulgated in
accordance with the Work Not Woke Act, this contract may be
canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive
Order 11246, and such other sanctions may be imposed and
remedies invoked as provided by any rules, regulations, or
orders the Secretary of Labor has issued or adopted pursuant to
Executive Order 11246, including subpart D of that order.
``(4) The contractor will include the provisions of
paragraphs (1) through (4) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order
as may be directed by the Secretary of Labor as a means of
enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction, the contractor may request the United States to
enter into such litigation to protect the interests of the
United States.''.
(b) Hotline.--The Department of Labor shall, through the Office of
Federal Contract Compliance Programs, establish a hotline and
investigate complaints received under both this Act as well as
Executive Order 11246 alleging that a Federal contractor is utilizing
such training programs in violation of the contractor's obligations
under those orders. The Department shall take appropriate enforcement
action and provide remedial relief, as appropriate.
(c) Request for Information.--Not later than 30 days after the date
of enactment of this Act, the Director of such Office shall publish in
the Federal Register a request for information seeking information from
Federal contractors, Federal subcontractors, and employees of Federal
contractors and subcontractors regarding the training, workshops, or
similar programming provided to employees. The request for information
should request copies of any training, workshop, or similar programing
having to do with diversity and inclusion as well as information about
the duration, frequency, and expense of such activities.
SEC. 5. REQUIREMENTS FOR FEDERAL GRANTS.
(a) In General.--The heads of all agencies shall review their
respective grant programs and identify programs for which the agency
may, as a condition of receiving such a grant, require the recipient to
certify that it will not use Federal funds to promote the concepts
that--
(1) one race or sex is inherently superior to another race
or sex;
(2) an individual, by virtue of his or her race or sex, is
inherently racist, sexist, or oppressive, whether consciously
or unconsciously;
(3) an individual should be discriminated against or
receive adverse treatment solely or partly because of his or
her race or sex;
(4) members of one race or sex cannot and should not
attempt to treat others without respect to race or sex;
(5) an individual's moral character is necessarily
determined by his or her race or sex;
(6) an individual, by virtue of his or her race or sex,
bears responsibility for actions committed in the past by other
members of the same race or sex;
(7) any individual should feel discomfort, guilt, anguish,
or any other form of psychological distress on account of his
or her race or sex; or
(8) meritocracy or traits such as a hard work ethic are
racist or sexist, or were created by a particular race to
oppress another race.
(b) Submission of List.--Not later than 60 days after the date of
enactment of this Act, the heads of agencies shall each submit a report
to the Director of the Office of Management and Budget that lists all
grant programs so identified.
SEC. 6. REQUIREMENTS FOR AGENCIES.
(a) In General.--The fair and equal treatment of individuals is an
inviolable principle that must be maintained in the Federal workplace.
Agencies shall continue all training that will foster a workplace that
is respectful of all employees. Such training shall include the
following:
(1) The head of each agency shall use his or her authority
under sections 301, 302, and 4103 of title 5, United States
Code, to ensure that the agency, agency employees while on duty
status, and any contractors hired by the agency to provide
training, workshops, forums, or similar programming to agency
employees do not teach, advocate, act upon, or promote in any
training to agency employees any divisive concepts. Agencies
may consult with OPM, pursuant to section 4116 of title 5,
United States Code, in carrying out this provision.
(2) Agency diversity and inclusion efforts shall, first and
foremost, encourage agency employees not to judge each other by
their color, race, ethnicity, sex, or any other characteristic
protected by Federal law.
(b) OPM Regulations.--The Director of OPM shall propose regulations
providing that agency officials with supervisory authority over a
supervisor or an employee with responsibility for promoting diversity
and inclusion, if such supervisor or employee either authorizes or
approves training that promotes divisive concepts, shall take
appropriate steps to pursue a performance-based adverse action
proceeding against such supervisor or employee under chapter 43 or 75
of title 5, United States Code.
(c) Requirements.--Each agency head shall--
(1) issue an order incorporating the requirements of this
Act into agency operations, including by making compliance with
this Act a provision in all agency contracts for diversity
training;
(2) request that the agency inspector general thoroughly
review and assess by the end of the calendar year, and not less
than annually thereafter, agency compliance with the
requirements of this Act in the form of a report submitted to
OMB; and
(3) assign at least one senior political appointee
responsibility for ensuring compliance with the requirements of
this Act.
SEC. 7. OMB AND OPM REVIEW OF AGENCY TRAINING.
(a) OPM Review.--Consistent with OPM's authority under sections
4115 through 4118 of title 5, United States Code, all training programs
for agency employees relating to diversity or inclusion shall, before
being used, be reviewed by OPM for compliance with the requirements of
section 6 of this Act.
(b) Contractor Violation.--If a contractor provides a training for
agency employees relating to diversity or inclusion that teaches,
advocates, or promotes divisive concepts, and such action is in
violation of the applicable contract, the agency that contracted for
such training shall evaluate whether to pursue debarment of that
contractor, consistent with applicable law and regulations, and in
consultation with the Interagency Suspension and Debarment Committee.
(c) Reports.--Not later than 90 days after the date of enactment of
this Act, each agency shall report to OMB all spending in fiscal year
2022 on Federal employee training programs relating to diversity or
inclusion, whether conducted internally or by contractors. Such report
shall, in addition to providing aggregate totals, delineate awards to
each individual contractor.
(d) Implementation.--The Directors of OMB and OPM may jointly issue
guidance and directives pertaining to agency obligations under, and
ensuring compliance with, this Act.
SEC. 8. TITLE VII GUIDANCE.
The Attorney General should continue to assess the extent to which
workplace training that teaches divisive concepts may contribute to a
hostile work environment and give rise to potential liability under
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). If
appropriate, the Attorney General and the Equal Employment Opportunity
Commission shall issue publicly available guidance to assist employers
in better promoting diversity and inclusive workplaces consistent with
such title VII.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect immediately, except that the
requirements of section 4 of this Act shall apply to contracts entered
into 60 days after the date of this Act.
SEC. 10. PROHIBITION ON USE OF FEDERAL FUNDS TO CARRY OUT CERTAIN
EXECUTIVE ORDERS.
No Federal funds may be obligated or expended to carry out the
following Executive orders (or any successor Executive orders):
(1) Executive Order 13985 (relating to Advancing Racial
Equity and Support for Underserved Communities Through the
Federal Government).
(2) Executive Order 14035 (relating to Diversity, Equity,
Inclusion, and Accessibility in the Federal Workforce).
(3) Executive Order 14091 (relating to Further Advancing
Racial Equity and Support for Underserved Communities Through
the Federal Government).
SEC. 11. GENERAL PROVISIONS.
(a) Application.--This Act does not prevent agencies, the United
States Uniformed Services, or contractors from promoting racial,
cultural, or ethnic diversity or inclusiveness, provided such efforts
are consistent with the requirements of this Act.
(b) Object Discussion Permitted.--Nothing in this Act shall be
construed to prohibit discussing, as part of a larger course of
academic instruction, divisive concepts in an objective manner and
without endorsement.
(c) Expressive Association.--This Act shall be construed and
applied consistent with First Amendment protections of the right of
expressive association.
(d) Severability.--If any provision of this Act, or the application
of any provision to any person or circumstance, is held to be invalid,
the remainder of this Act and the application of its provisions to any
other persons or circumstances shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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