No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8706 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8706
To ensure equal protection of the law, to prevent racism in the Federal
Government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2024
Mr. Cloud (for himself, Mr. Nehls, Ms. Tenney, Mrs. Lesko, Mrs.
Harshbarger, Mr. Moore of Alabama, Mr. Ogles, Mrs. Miller of Illinois,
Mr. Weber of Texas, Mr. Self, Mr. Mooney, Mr. Biggs, Mr. Higgins of
Louisiana, Mr. Yakym, Mr. Collins, Mrs. Luna, and Mr. Bishop of North
Carolina) introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committees on the Judiciary, Education and the Workforce, Armed
Services, Foreign Affairs, Financial Services, Energy and Commerce,
Transportation and Infrastructure, and Intelligence (Permanent Select),
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 ensure equal protection of the law, to prevent racism in the Federal
Government, 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 ``Dismantle DEI Act of 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Prohibited diversity, equity, or inclusion practice defined.
TITLE I--FEDERAL OFFICES AND PERSONNEL
Sec. 101. Executive orders and memoranda rescinded.
Sec. 102. Office of Personnel Management.
Sec. 103. Office of Management and Budget.
Sec. 104. Prohibited use of funds.
Sec. 105. DEI offices closed.
Sec. 106. Prohibited personnel practices.
TITLE II--FEDERAL TRAINING
Sec. 201. Government-wide training.
Sec. 202. Use of funds.
TITLE III--FEDERAL CONTRACTING
Sec. 301. Required contract terms.
Sec. 302. Prohibition on discrimination.
Sec. 303. Prohibited use of funds.
TITLE IV--FEDERAL GRANTS AND COOPERATIVE AGREEMENTS
Sec. 401. Required grant agreement terms.
Sec. 402. Required cooperative agreement terms.
TITLE V--FEDERAL ADVISORY COMMITTEES
Sec. 501. Prohibited diversity, equity, and inclusion practices.
Sec. 502. Administrator responsibilities.
Sec. 503. Agency head responsibilities.
TITLE VI--EDUCATION
Sec. 601. Standards for accreditation of accrediting agencies and
associations.
Sec. 602. Prohibited use of funds by the Secretary of Education.
TITLE VII--OTHER MATTERS
Sec. 701. Fannie Mae, Freddie Mac, Federal Home Loan Banks, and Federal
Housing Finance Agency.
Sec. 702. Capital markets regulation; corporate boards; self-regulatory
organizations.
Sec. 703. Health and Human Services.
Sec. 704. Repeal of diversity, equity, and inclusion programs of
Department of Defense.
Sec. 705. Department of Homeland Security and Coast Guard.
Sec. 706. Director of National Intelligence.
TITLE VIII--ENFORCEMENT; SEVERABILITY
Sec. 801. Enforcement; private cause of action.
Sec. 802. Severability.
SEC. 3. PROHIBITED DIVERSITY, EQUITY OR INCLUSION PRACTICE DEFINED.
The Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) is amended
by adding at the end the following:
``TITLE XII--PROHIBITED DIVERSITY, EQUITY OR INCLUSION PRACTICE DEFINED
``SEC. 1201. PROHIBITED DIVERSITY, EQUITY, OR INCLUSION PRACTICE.
``For purposes of references to this section, the term `prohibited
diversity, equity, or inclusion practice' means--
``(1) discriminating for or against any person on the basis
of race, color, ethnicity, religion, biological sex, or
national origin;
``(2) requiring as a condition of employment, as a
condition for promotion or advancement, or as a condition for
speaking, making a presentation, or submitting written
materials, that an employee undergo training, education, or
coursework, or other pedagogy, that asserts that a particular
race, color, ethnicity, religion, biological sex, or national
origin is inherently or systemically superior or inferior,
oppressive or oppressed, or privileged or unprivileged; or
``(3) requiring as a condition of employment, as a
condition for promotion or advancement, or as a condition for
speaking, making a presentation, or submitting written
materials, the signing of or assent to a statement, code of
conduct, work program, or plan, or similar device that requires
assent by the employee that a particular race, color,
ethnicity, religion, biological sex, or national origin is
inherently or systemically superior or inferior, oppressive or
oppressed, or privileged or unprivileged.''.
TITLE I--FEDERAL OFFICES AND PERSONNEL
SEC. 101. EXECUTIVE ORDERS AND MEMORANDA RESCINDED.
(a) Rescinded Executive Orders and Memoranda.--
(1) In general.--With respect to an Executive order or
memoranda described in paragraph (2)--
(A) the Executive order or memoranda--
(i) shall not have any legal effect; and
(ii) is revoked in its entirety; and
(B) no funds appropriated or otherwise made
available by law shall be used to--
(i) implement or comply with the Executive
order or memoranda; or
(ii) further any of the provisions or
purposes of the Executive order or memoranda.
(2) Executive orders and memoranda described.--The
Executive orders and memoranda described in this paragraph are
the following:
(A) Executive Order 13985 (5 U.S.C. 601 note;
relating to advancing racial equity and support for
underserved communities through the Federal
Government).
(B) Executive Order 13988 (42 U.S.C. 2000e note;
relating to preventing and combating discrimination on
the basis of gender identity or sexual orientation).
(C) Executive Order 14020, (42 U.S.C. 2000e note;
relating to the establishment of the White House Gender
Policy Council).
(D) Executive Order 14031 (42 U.S.C. 3501 note;
relating to advancing equity, justice, and opportunity
for Asian Americans, Native Hawaiians, and Pacific
Islanders).
(E) Executive Order 14035 (42 U.S.C. 2000e note;
relating to diversity, equity, inclusion, and
accessibility in the Federal workforce).
(F) Executive Order 14091 (5 U.S.C. 601 note;
relating to further advancing racial equity and support
for underserved communities through the Federal
Government).
(G) The National Security Memorandum on
``Revitalizing America's Foreign Policy and National
Security Workforce, Institutions, and Partnerships
(NSM-03)'', dated February 4, 2021.
(H) The National Security Memorandum on Advancing
the ``Human Rights of Lesbian, Gay, Bisexual,
Transgender, Queer, and Intersex Persons Around the
World (NSM-04)'', dated February 4, 2021.
(b) Carrying Out Rescinded Executive Orders and Memoranda.--The
head of an executive agency, as defined in section 105 of title 5,
United States Code, may not carry out an Executive order or memorandum
described in subsection (a)(2).
(c) Programs and Office.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the head of a Federal agency under which
any program or office carries out an Executive order or
memorandum described in subsection (a)(2) between the date of
enactment of this Act and 90 days after the date of enactment
of this Act shall close, terminate, and wind up the program or
office.
(2) No reassignment.--The head of a Federal agency that
closes, terminates, and winds up a program or office under
paragraph (1)--
(A) shall undertake an appropriate reduction in
force; and
(B) may not transfer, reassign, or redesignate any
employee or contractor with a position or function that
is eliminated by operation of this subsection.
SEC. 102. OFFICE OF PERSONNEL MANAGEMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall--
(1) revise all regulations, policies, procedures, manuals,
circulars, courses, training, and guidance of the Office such
that all such material is in compliance with and consistent
with this Act and the amendments made by this Act;
(2) revise so as to effectively rescind all regulations,
policies, procedures, manuals, circulars, courses, training,
and guidance of the Office that were promulgated, adopted, or
implemented to comply with the Executive orders and memoranda
described in section 101(a)(2);
(3) terminate, close, and wind up the Office of Diversity,
Equity, Inclusion, and Accessibility of the Office of Personnel
Management (referred to in this paragraph as ``ODEIA'') and
undertake an appropriate reduction in force with respect to,
and not transfer, reassign, or redesignate any, employees or
contractors of ODEIA, the positions or functions of whom are
eliminated by operation of this Act or the amendments made by
this Act; and
(4) terminate, close, and wind up the Chief Diversity
Officers Executive Council and undertake an appropriate
reduction in force with respect to, and not transfer, reassign,
or redesignate any, employees or contractors of that Council,
the positions or functions of whom are eliminated by operation
of this Act or the amendments made by this Act.
(b) Chief Diversity Officers Executive Council Charter.--Effective
on the date of enactment of this Act, the charter of the Chief
Diversity Officers Executive Council is revoked.
(c) Prohibition on Racism in Government.--Section 1104 of title 5,
United States Code, is amended by adding at the end the following:
``(d)(1) In this subsection, the term `prohibited diversity,
equity, or inclusion practice' has the meaning given the term in
section 1201 of the Civil Rights Act of 1964.
``(2) Racist behavior and racist training in the Government are
prohibited, including any of the following:
``(A) Discriminating for or against any person on the basis
of race, color, ethnicity, religion, biological sex, or
national origin.
``(B) Training, education, coursework, or use of other
pedagogy, that asserts that a particular race, color,
ethnicity, religion, biological sex, or national origin is
inherently or systemically superior or inferior, oppressive or
oppressed, or privileged or unprivileged.
``(C) Maintaining an office, bureau, division, or other
organization to further promote or enforce a prohibited
diversity, equity, or inclusion practice.
``(D) Retaining or employing a consultant or advisor to
further promote or enforce a prohibited diversity, equity, or
inclusion practice.
``(E) Maintaining a rule, a regulation, a policy, guidance,
a guideline, management control, a practice, a requirement,
training, education, coursework, or a similar device to further
promote or enforce a prohibited diversity, equity, or inclusion
practice.
``(F) Requiring as a condition of employment, as a
condition for promotion or advancement, or as a condition for
speaking, making a presentation, or submitting written
materials, the signing of or assent to a statement, code of
conduct, work program, or plan, or similar device that requires
assent by the employee that a particular race, color,
ethnicity, religion, biological sex, or national origin is
inherently or systemically superior or inferior, oppressive or
oppressed, or privileged or unprivileged.
``(3) The Office shall establish standards that shall--
``(A) apply to the activities of the Office or any other
agency under authority delegated under subsection (a);
``(B) prohibit racist behavior and racist training in the
Government, as described in paragraph (2) of this subsection;
``(C) ensure compliance with this subsection;
``(D) ensure compliance with section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16); and
``(E) be in accordance with the merit system principles
under section 2301.
``(4) The Office shall establish and maintain an oversight program
to ensure that activities under any authority delegated under
subsection (a)--
``(A) prohibit racist behavior and racist training in the
Government, as described in paragraph (2) of this subsection;
``(B) ensure compliance with this subsection;
``(C) ensure compliance with section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16); and
``(D) are in accordance with the merit system principles
under section 2301.''.
SEC. 103. OFFICE OF MANAGEMENT AND BUDGET.
Not later than 180 days after the date of enactment of this Act,
the Director of the Office of Management and Budget shall--
(1) revise all regulations, policies, procedures, manuals,
circulars, courses, training, and guidance of the Office of
Management and Budget to ensure those regulations, policies,
procedures, manuals, circulars, courses, training, and guidance
are in compliance and consistent with this Act and the
amendments made by this Act;
(2) rescind all regulations, policies, procedures, manuals,
circulars, courses, training, and guidance of the Office of
Management and Budget that were promulgated, adopted, or
implemented to comply with the Executive orders and memoranda
described in section 101(a)(2);
(3) rescind the version of Circular A-4 of the Office of
Management and Budget adopted on November 9, 2023; and
(4) replace the circular described in paragraph (3) with a
version of the circular that--
(A) is identical to or substantially similar to the
version of the circular as in effect on November 8,
2023; or
(B)(i) is--
(I) consistent in all respects with this
Act;
(II) eliminates all references to
diversity, equity and inclusion, racial
diversity, racial equity, or racial inclusion
unless such references are clearly consistent
with--
(aa) equal opportunity principles;
(bb) the principles of the Civil
Rights Act of 1964 (42 U.S.C. 2000a et
seq.); or
(cc) equal protection of the law
principles; and
(ii) does not engage in or permit prohibited
diversity, equity, or inclusion practices.
SEC. 104. PROHIBITED USE OF FUNDS.
(a) Agency Defined.--In this chapter, the term ``agency'' has the
meaning given the term in section 3502 of title 44.
(b) Stopping Racism in the Federal Government.--
(1) In general.--No Federal funds appropriated or otherwise
made available by law shall be used for the purpose of
maintaining in any agency an--
(A) office relating to diversity, equity,
inclusion, or accessibility; or
(B) a substantially similar office.
(2) Prohibition.--No Federal funds appropriated or
otherwise made available by law shall be used for the purposes
of--
(A) maintaining in any agency the Chief Diversity
Officers Executive Council or a substantially similar
council;
(B) maintaining or employing in any agency a chief
diversity officer or a substantially similar officer;
(C) subject to paragraph (3), developing,
implementing, distributing, or publishing in any
agency--
(i) plans, strategic plan, reports, or
surveys relating to diversity, equity,
inclusion, and accessibility;
(ii) action plans, reports, or surveys
relating to equity or substantially similar
plans, reports, or surveys;
(D) developing, implementing, or maintaining in any
agency an employee resource group or an affinity group
based on race, color, ethnicity, religion, national
origin, sexual orientation, or gender identity;
(E) developing, implementing, or maintaining in any
agency an agency equity team or a substantially similar
team;
(F) maintaining the White House Environmental
Justice Interagency Council or a substantially similar
Council;
(G) maintaining the Equitable Data Working Group or
substantially similar group;
(H) developing, implementing, distributing,
publishing, establishing, or purchasing in any agency--
(i) a training course relating to--
(I) diversity;
(II) equity;
(III) inclusion;
(IV) a critical theory relating to
race, gender, or otherwise; or
(V) intersectionality; or
(ii) a training course substantiality
similar to a training course described in
clause (i);
(I) developing, implementing, or maintaining in any
agency a diversity, equity, inclusion, and
accessibility data dashboard or a substantially similar
data dashboard;
(J) maintaining within the Office of Personnel
Management a council relating to diversity, equity,
inclusion, or accessibility; or
(K) maintaining or employing in any agency a
position relating to diversity, equity, inclusion, or
accessibility.
(3) Exception.--The prohibition under paragraph (2)(C)
shall not apply to a plan, report, or survey required by law.
(4) Rule of construction.--Nothing in this section shall be
construed to prevent the maintenance and funding of--
(A) Equal Employment Opportunity offices as
historically organized and operated; or
(B) an office enforcing the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or
similar programs or offices as historically organized
and operated.
SEC. 105. DEI OFFICES CLOSED.
(a) In General.--Not later than 90 days after date of enactment of
this Act, the head of any Federal agency that has an office relating to
diversity, equity, inclusion, or accessibility--
(1) shall--
(A) terminate, close, and wind up that office; and
(B) undertake an appropriate reduction in force;
and
(2) may not transfer, reassign, or redesignate any employee
or contractor with a position or function that is eliminated by
operation of this subsection.
(b) Application.--Nothing in this section shall be construed to
prevent the maintenance and funding of--
(1) Equal Employment Opportunity offices as historically
organized and operated; or
(2) an office enforcing the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.) or similar programs or
offices as historically organized and operated.
SEC. 106. PROHIBITED PERSONNEL PRACTICES.
(a) In General.--Section 2302(b) of title 5, United States Code, is
amended--
(1) in paragraph (13)(B), by striking ``or'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting ``; or'' and
(3) by inserting after paragraph (14) the following:
``(15) take or fail to take, or threaten to take or fail to
take, any personnel action against any employee or applicant
for employment because of the failure of the employee or
applicant to--
``(A) complete training with respect to diversity,
equity, or inclusion, critical theory (relating to
race, gender, or otherwise), intersectionality, sexual
orientation or gender identity, or any substantially
similar theory or policy;
``(B) complete training that asserts or requires
trainees to assert that a particular race, color,
ethnicity, religion, biological sex, or national origin
is inherently or systemically superior or inferior,
oppressive or oppressed, or privileged or unprivileged;
``(C) sign or assent to (which may be by executing
or acknowledging) a statement, code of conduct, work
program, plan, or similar device with respect to
diversity, equity, and inclusion, critical theory
(relating to race, gender, or otherwise),
intersectionality, sexual orientation or gender
identity, or any substantially similar theory or
policy;
``(D) sign or assent to (which may be by executing
or acknowledging) a statement, code of conduct, work
program, plan, or similar device that asserts or
requires assent by the employee or applicant that a
particular race, color, ethnicity, religion, biological
sex, or national origin is inherently or systemically
superior or inferior, oppressive or oppressed, or
privileged or unprivileged;
``(E) take any other action that would require the
treatment of any individual advantageously or
disadvantageously on the basis of that individual's
race, color, ethnicity, religion, biological sex, or
national origin; or
``(F) limit, segregate, or classify employees or
applicants for employment in any way that would deprive
or tend to deprive any individual of an employment
opportunity, or otherwise adversely affect the status
of the individual as an employee, because of the race,
color, ethnicity, religion, biological sex, or national
origin of the individual.''.
(b) Performance Appraisal Systems.--Section 4302 of title 5, United
States Code, is amended by adding at the end the following:
``(e) A performance appraisal system may not adversely evaluate an
employee for the failure of the employee to--
``(1) complete training with respect to diversity, equity,
or inclusion, critical theory (relating to race, gender, or
otherwise), intersectionality, sexual orientation or gender
identity, or any substantially similar theory or policy;
``(2) complete training that asserts or requires trainees
to assert that a particular race, color, ethnicity, religion,
biological sex, or national origin is inherently or
systemically superior or inferior, oppressive or oppressed, or
privileged or unprivileged;
``(3) sign or assent to (which may be by executing or
acknowledging) a statement, code of conduct, work program,
plan, or similar device with respect to diversity, equity, and
inclusion, critical theory (relating to race, gender, or
otherwise), intersectionality, sexual orientation or gender
identity, or any substantially similar theory or policy;
``(4) sign or assent to (which may be by executing or
acknowledging) a statement, code of conduct, work program,
plan, or similar device that asserts or requires assent by the
employee that a particular race, color, ethnicity, religion,
biological sex, or national origin is inherently or
systemically superior or inferior, oppressive or oppressed, or
privileged or unprivileged;
``(5) take any other action that would require the
treatment of any individual advantageously or disadvantageously
on the basis of that individual's race, color, ethnicity,
religion, biological sex, or national origin; or
``(6) limit, segregate, or classify employees or applicants
for employment in any way that would deprive or tend to deprive
any individual of an employment opportunity, or otherwise
adversely affect the status of the individual as an employee,
because of the race, color, ethnicity, religion, biological
sex, or national origin of the individual.''.
(c) SES Performance Appraisal Systems.--Section 4312 of title 5,
United States Code, is amended by adding at the end the following:
``(e) A performance appraisal system may not adversely evaluate a
senior executive for the failure of the senior executive to--
``(1) complete training with respect to diversity, equity,
or inclusion, critical theory (relating to race, gender, or
otherwise), intersectionality, sexual orientation or gender
identity, or any substantially similar theory or policy;
``(2) complete training that asserts or requires trainees
to assert that a particular race, color, ethnicity, religion,
biological sex, or national origin is inherently or
systemically superior or inferior, oppressive or oppressed, or
privileged or unprivileged;
``(3) sign or assent to (which may be by executing or
acknowledging) a statement, code of conduct, work program,
plan, or similar device with respect to diversity, equity, and
inclusion, critical theory (relating to race, gender, or
otherwise), intersectionality, sexual orientation or gender
identity, or any substantially similar theory or policy;
``(4) sign or assent to (which may be by executing or
acknowledging) a statement, code of conduct, work program,
plan, or similar device that asserts or requires assent by the
senior executive that a particular race, color, ethnicity,
religion, biological sex, or national origin is inherently or
systemically superior or inferior, oppressive or oppressed, or
privileged or unprivileged;
``(5) take any other action that would require the
treatment of any individual advantageously or disadvantageously
on the basis of that individual's race, color, ethnicity,
religion, biological sex, or national origin; or
``(6) limit, segregate, or classify employees or applicants
for employment in any way that would deprive or tend to deprive
any individual of an employment opportunity, or otherwise
adversely affect the status of the individual as an employee,
because of the race, color, ethnicity, religion, biological
sex, or national origin of the individual.''.
TITLE II--FEDERAL TRAINING
SEC. 201. GOVERNMENT-WIDE TRAINING.
(a) In General.--Section 4103 of title 5, United States Code, is
amended by adding at the end the following:
``(d) No training program or plan may be developed, implemented,
distributed, published, established, or purchased under this section--
``(1) with respect to diversity, equity, and inclusion,
critical theory (relating to race, gender, or otherwise),
intersectionality, sexual orientation or gender identity, or
any substantially similar theory or policy; or
``(2) that asserts or requires the trainees to assert that
a particular race, color, ethnicity, religion, biological sex,
or national origin is inherently or systemically superior or
inferior, oppressive or oppressed, or privileged or
unprivileged.
``(e) No employee may be required to complete training under a
program or plan established under this section--
``(1) with respect to diversity, equity, and inclusion,
critical theory (relating to race, gender, or otherwise),
intersectionality, sexual orientation or gender identity, or
any substantially similar theory or policy; or
``(2) that asserts or requires the trainees to assert that
a particular race, color, ethnicity, religion, biological sex,
or national origin is inherently or systemically superior or
inferior, oppressive or oppressed, or privileged or
unprivileged.''.
(b) Regulations.--Section 4118 of title 5, United States Code, is
amended--
(1) in subsection (c), by striking ``This section'' and
inserting ``Except as provided in subsection (d), this
section''; and
(2) by adding at the end the following:
``(d) The Office shall, in the regulations prescribed under this
section, provide that no training program or plan may be developed,
implemented, distributed, published, established, or purchased--
``(1) with respect to diversity, equity, and inclusion,
critical theory (relating to race, gender, or otherwise),
intersectionality, sexual orientation or gender identity, or
any substantially similar theory or policy; or
``(2) that asserts or requires the trainees to assert that
a particular race, color, ethnicity, religion, biological sex,
or national origin is inherently or systemically superior or
inferior, oppressive or oppressed, or privileged or
unprivileged.''.
SEC. 202. USE OF FUNDS.
No funds appropriated or otherwise made available by law shall be
used for the purpose of developing, implementing, distributing,
publishing or purchasing in any Federal agency a training course--
(1) relating to--
(A) diversity, equity, inclusion, and
accessibility;
(B) a critical theory relating to race, gender, or
otherwise; or
(C) intersectionality, sexual orientation, or
gender identity; or
(2) that asserts or requires trainees to assert that a
particular race, color, ethnicity, religion, biological sex, or
national origin is inherently or systemically superior,
inferior, oppressive, oppressed, privileged, or unprivileged.
TITLE III--FEDERAL CONTRACTING
SEC. 301. REQUIRED CONTRACT TERMS.
(a) Contracts Exceeding $10,000.--Section 6502 of title 41, United
States Code, is amended by adding at the end the following:
``(5) Prohibited diversity, equity, or inclusion
practice.--No part of the contract will be performed, and no
materials, supplies, articles, or equipment will be
manufactured or fabricated under the contract, in plants,
factories, buildings, or surroundings, under working conditions
or in a working environment, provided by or under the control
or supervision of a contractor or any subcontractor who is
subject to, or required to comply with, a prohibited diversity,
equity or inclusion practice (as defined in section 1201 of the
Civil Rights Act of 1964).''.
(b) Contracts in Other Amounts.--Section 6703 of title 41, United
States Code, is amended by adding at the end the following:
``(6) Prohibited diversity, equity, or inclusion
practice.--The contract and bid specification shall contain a
provision specifying that no part of the services covered by
this chapter may be performed in buildings or surroundings,
under working conditions or in a working environment, provided
by or under the control or supervision of a contractor or any
subcontractor who is subject to, or required to comply with, a
prohibited diversity, equity or inclusion practice (as defined
in section 1201 of the Civil Rights Act of 1964).''.
SEC. 302. PROHIBITION ON DISCRIMINATION.
(a) In General.--Section 122 of title 40, United States Code, is
amended to read as follows:
``Sec. 122. Prohibition on discrimination
``(a) Prohibition.--
``(1) Discrimination prohibited.--With respect to a program
or activity carried out or receiving Federal assistance under
this subtitle, an individual may not be, based on race, color,
biological sex, ethnicity, religion, or national origin--
``(A) excluded from participation;
``(B) denied benefits; or
``(C) otherwise discriminated against.
``(2) Prohibited diversity, equity, and inclusion
practices.--With respect to a program or activity carried out
or receiving Federal assistance under this subtitle, an
individual may not be subject to or required to comply with a
prohibited diversity, equity, and inclusion practice (as
defined in section 1201 of the Civil Rights Act of 1964).
``(b) Enforcement.--
``(1) In general.--The heads of Federal agencies shall
enforce subsection (a) through rules, regulations, policies,
and other executive actions of the agency that are similar to
rules, regulations, policies, and other executive actions
established with respect to racial and other discrimination
under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.).
``(2) Rule of construction.--Any enforcement under
paragraph (1) shall not be construed to bar an individual from
pursuing any other legal remedy available to the individual as
a result of an action constituting a violation of subsection
(a).''.
(b) Clerical Amendment.--The table of sections for title 40, United
States Code, is amended by striking the item relating to section 122
and inserting the following:
``122. Prohibition on discrimination.''.
SEC. 303. PROHIBITED USE OF FUNDS.
(a) Prohibition.--No funds appropriated or otherwise made available
by Federal law may be used by a Federal contractor for purpose of--
(1) maintaining an office relating to diversity, equity,
inclusion, or accessibility or a substantially similar office;
(2) maintaining or employing a chief diversity officer or a
substantially similar officer;
(3) developing, implementing, distributing, publishing or
purchasing--
(A) a training course relating to--
(i) diversity, equity, inclusion, or
accessibility;
(ii) a critical theory relating to race,
gender, or otherwise;
(iii) intersectionality; or
(iv) sexual orientation or gender identity;
or
(B) a training course that is substantially similar
to a training course described in subparagraph (A); or
(C) a training course that asserts or requires
trainees to assert that a particular race, color,
ethnicity, religion, biological sex, or national origin
is inherently or systemically superior, inferior,
oppressive, oppressed, privileged, or unprivileged.
(b) Rule of Construction.--Nothing in this section shall be
construed to prevent--
(1) the maintenance and funding of an Equal Employment
Opportunity office, as historically organized and operated;
(2) an office enforcing the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.) or similar programs or
offices as historically organized and operated; or
(3) a Federal contractor from using non-Federal funds as
the Federal contractor so determines.
TITLE IV--FEDERAL GRANTS AND COOPERATIVE AGREEMENTS
SEC. 401. REQUIRED GRANT AGREEMENT TERMS.
(a) In General.--Chapter 63 of title 31, United States Code, is
amended by adding at the end the following:
``Sec. 6310. Grants and grant agreements
``(a) Grant Agreement Required Terms.--The head of an executive
agency may not provide a grant to any recipient unless the head of the
agency and the recipient enter into a grant agreement that contains a
provision specifying that no funds appropriated or otherwise made
available by Federal law shall be used by the grant recipient for
purpose of--
``(1) maintaining an office relating to diversity, equity,
inclusion, or accessibility;
``(2) maintaining or employing a chief diversity officer or
a substantially similar officer;
``(3) developing, implementing, distributing, publishing,
or purchasing--
``(A) a training course relating to--
``(i) diversity, equity, inclusion, or
accessibility;
``(ii) a critical theory relating to race,
gender, or otherwise;
``(iii) intersectionality; or
``(iv) sexual orientation or gender
identity;
``(B) a training course substantially similar to
the training courses described in subparagraph (A); or
``(C) a training course that asserts or requires
trainees to assert that a particular race, color,
religion, ethnicity, biological sex, or national origin
is inherently or systemically superior, inferior,
oppressive, oppressed, privileged or unprivileged; or
``(4) engaging in a prohibited diversity, equity, or
inclusion practice (as defined in section 1201 of the Civil
Rights Act of 1964).
``(b) Equal Employment Opportunity Offices.--Nothing in this
section shall be construed to prevent--
``(1) the maintenance and funding of an Equal Employment
Opportunity office, as historically organized and operated;
``(2) an office enforcing the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or
offices as historically organized and operated; or
``(3) a recipient of a grant from an executive agency from
using non-Federal funds as the recipient so determines.''.
(b) Clerical Amendment.--The table of sections for chapter 63 of
title 31, United States Code is amended by adding at the end the
following:
``6310. Grants and grant agreements.''.
SEC. 402. REQUIRED COOPERATIVE AGREEMENT TERMS.
(a) In General.--Chapter 63 of title 31, United States Code, as
amended by section 401(a), is further amended by adding at the end the
following:
``Sec. 6311. Cooperative agreements
``(a) Cooperative Agreement Required Terms.--The head of an
executive agency may not enter into a cooperative agreement with a
party unless the cooperative agreement contains a provision specifying
that no funds appropriated or otherwise made available by Federal law
shall be used by any party to the cooperative agreement for purpose
of--
``(1) maintaining an office relating to diversity, equity,
inclusion, or accessibility;
``(2) maintaining or employing a chief diversity officer or
a substantially similar officer;
``(3) developing, implementing, distributing, publishing,
or purchasing--
``(A) a training course relating to--
``(i) diversity, equity, inclusion, or
accessibility;
``(ii) a critical theory relating to race,
gender, or otherwise;
``(iii) intersectionality; or
``(iv) sexual orientation or gender
identity;
``(B) a training course substantially similar to
the training courses described in subparagraph (A); or
``(C) a training course that asserts or requires
trainees to assert that a particular race, color,
religion, ethnicity, biological sex, or national origin
is inherently or systemically superior, inferior,
oppressive, oppressed, privileged or unprivileged; or
``(4) engaging in a prohibited diversity, equity, or
inclusion practice (as defined in section 1201 of the Civil
Rights Act of 1964.).
``(b) Equal Employment Opportunity Offices.--Nothing in this
section shall be construed to--
``(1) prevent the maintenance and funding of an Equal
Employment Opportunity office, as historically organized and
operated;
``(2) an office enforcing the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or
offices as historically organized and operated; or
``(3) prevent a party to a cooperative agreement with an
executive agency from using non-Federal funds as the party so
determines.''.
(b) Clerical Amendment.--The table of sections for chapter 63 of
title 31, United States Code, as amended by section 401(b), is further
amended by adding at the end the following:
``6311. Cooperative agreements.''.
TITLE V--FEDERAL ADVISORY COMMITTEES
SEC. 501. PROHIBITED DIVERSITY, EQUITY, AND INCLUSION PRACTICES.
(a) In General.--Chapter 10 of title 5, United States Code
(commonly known as the ``Federal Advisory Committee Act''), is amended
by adding at the end the following:
``SEC. 1015. DIVERSITY, EQUITY, AND INCLUSION PRACTICES.
``(a) Prohibited Diversity, Equity, and Inclusion Practice
Defined.--In this section, the term `prohibited diversity, equity, or
inclusion practice' has the meaning that term has in section 1201 of
the Civil Rights Act of 1964.
``(b) Prohibition.--The following may not authorize, permit, or
implement a prohibited diversity, equity, or inclusion practice with
respect to any advisory committee established by the head of an agency:
``(1) The Administrator.
``(2) The agency head.
``(3) The chair of the advisory committee.
``(4) The advisory committee.
``(c) Termination of Committee.--
``(1) Finding by administrator.--With respect to an
advisory committee, if the Administrator finds that the
applicable agency head, chair of the advisory committee, or the
advisory committee authorized, permitted, or implemented a
prohibited diversity, equity, or inclusion practice, then the
advisory committee shall terminate not later than 30 days after
the Administrator makes such finding.
``(2) Finding by inspector general.--With respect to an
advisory committee, if the Inspector General for the agency
that established the advisory committee finds that the
applicable agency head, chair of the advisory committee, or the
advisory committee authorized, permitted, or implemented a
prohibited diversity, equity, or inclusion practice, then the
advisory committee shall terminate not later than 30 days after
the Inspector General makes such finding.
``(d) Action.--
``(1) In general.--Any person may bring an action in any
United States district court seeking a determination that the
Administrator, any agency head, any chair of an advisory
committee, or any advisory committee authorized, permitted, or
implemented a prohibited diversity, equity, or inclusion
practice with respect to an advisory committee.
``(2) Order directing termination of advisory committee.--
If after an evidentiary hearing, a court determines that the
defendant authorized, permitted, or implemented a prohibited
diversity, equity, or inclusion practice, the court shall issue
an order directing the Administrator to immediately terminate
that advisory committee.
``(3) Additional awards.--In an action brought under this
subsection in which the plaintiff prevails, the court may
award--
``(A) a Writ of Mandamus or other equitable or
declaratory relief;
``(B) a minimum of $1,000 per violation per day;
``(C) reasonable attorney's fees and litigation
costs;
``(D) compensatory damages; and
``(E) all other appropriate relief.''.
(b) Clerical Amendment.--The table of sections for chapter 10 of
title 5, United States Code, is amended by inserting after the item
relating to section 1014 the following:
``1015. Diversity, equity, and inclusion practices.''.
SEC. 502. ADMINISTRATOR RESPONSIBILITIES.
(a) Compliance.--Subsection (b)(1) of section 1006 of title 5,
United States Code, is amended--
(1) in subparagraph (C), by striking the word ``or'' at the
end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) whether the committee is in compliance with
the Dismantle DEI Act of 2024.''.
(b) Guidelines and Management Controls.--Section 1006 of title 5,
United States Code, is further amended by adding at the end the
following:
``(f) Guidelines and Management Controls Related to the End Racism
in Federal Advisory Committees Act.--The Administrator shall--
``(1) prescribe administrative guidelines and management
controls applicable to advisory committees to enforce the
requirements of the Dismantle DEI Act of 2024; and
``(2) ensure that the Committee Management Secretariat
complies with and enforces the requirements of the Dismantle
DEI Act of 2024.''.
(c) Revised Rules, Regulations and Guidance.--Not later than 180
days after the date of enactment of this Act, the Administrator shall
ensure that all rules, regulations, policies, guidance, guidelines,
management controls, governing documents, practices, requirements,
training, education, coursework, or similar devices are revised to the
extent that they are inconsistent with this Act.
SEC. 503. AGENCY HEAD RESPONSIBILITIES.
(a) Agency Head Responsibilities.--Subsection (a) of section 1007
of title 5, United States Code, is amended by adding at the end the
following: ``Each agency head shall establish uniform administrative
guidelines and management controls to ensure compliance with the
Dismantle DEI Act of 2024.''.
(b) Compliance.--Subsection (b) of section 1007 of title 5, United
States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) ensure compliance with the Dismantle DEI Act of
2024.''.
TITLE VI--EDUCATION
SEC. 601. STANDARDS FOR ACCREDITATION OF ACCREDITING AGENCIES AND
ASSOCIATIONS.
Section 496(c) of the Higher Education Act of 1965 (20 U.S.C.
1099b(c)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) confirms that the standards for accreditation of the
agency or association do not--
``(A) require, encourage, or coerce any institution
of higher education to engage in prohibited diversity,
equity, and inclusion practices (as defined in section
1201 of the Civil Rights Act of 1964);
``(B) assess the commitment of an institution of
higher education to any ideology, belief, or viewpoint;
``(C) prohibit or discourage an institution of
higher education from engaging in activity protected by
the Constitution, including having a religious mission,
operating as a religious institution, or being
controlled by or associated with a religious
organization; or
``(D) discriminate against an institution of higher
education for engaging in religious speech, religious
practice, or religious exercise.''.
SEC. 602. PROHIBITED USE OF FUNDS BY THE SECRETARY OF EDUCATION.
Section 8527 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7907) is amended by adding at the end the following:
``(e) Prohibition; Rules of Construction.--
``(1) Prohibition.--None of the funds provided to the
Secretary of Education under this Act may be used by the
Secretary, including through a grant, contract, or cooperative
agreement, to--
``(A) maintain an Office of Diversity, Equity,
Inclusion, and Accessibility, an Office of Diversity,
Equity, and Inclusion, an Office of Diversity and
Inclusion, a Diversity Office or a substantially
similar office;
``(B) maintain or employ a Chief Diversity Officer
or substantially similar officer;
``(C) develop, implement, distribute, publish, or
purchase a training course or substantially similar
course relating to any of the following--
``(i) diversity, equity, inclusion, and
accessibility (DEIA);
``(ii) diversity, equity, and inclusion;
``(iii) diversity and inclusion;
``(iv) diversity;
``(v) critical theory (race, gender, or
otherwise);
``(vi) intersectionality; or
``(vii) sexual orientation or gender
identity; or
``(D) develop, implement, distribute, publish, or
purchase a training course or substantially similar
course that asserts or requires trainees to assert that
a particular race, color ethnicity, religion,
biological sex, or national origin is inherently or
systemically superior, inferior, oppressive or
oppressed, privileged or unprivileged.
``(2) Rules of construction.--Nothing in this section shall
be construed to--
``(A) prohibit the maintenance and funding of Equal
Employment Opportunity offices or officers, as
historically organized and operated;
``(B) prohibit the maintenance and funding of
offices enforcing the Americans with Disabilities Act
of 1990 or similar programs or offices, as historically
organized and operated; or
``(C) impact the use of non-Federal funds by a
contractor of the Department of Education or by a grant
recipient of funds from the Secretary of Education.''.
TITLE VII--OTHER MATTERS
SEC. 701. FANNIE MAE, FREDDIE MAC, FEDERAL HOME LOAN BANKS, AND FEDERAL
HOUSING FINANCE AGENCY.
Section 1319A of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4520) is repealed.
SEC. 702. CAPITAL MARKETS REGULATION; CORPORATE BOARDS; SELF-REGULATORY
ORGANIZATIONS.
(a) Repeal of Offices of Minority and Women Inclusion.--
(1) In general.--Section 342 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5452) is hereby
repealed.
(2) Technical and conforming amendments.--
(A) Section 1016(c) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5496(c)) is amended--
(i) in paragraph (7), by adding ``and'' at
the end;
(ii) in paragraph (8), by striking ``;
and'' and inserting a period; and
(iii) by striking paragraph (9).
(B) The table of contents for the Dodd-Frank Wall
Street Reform and Consumer Protection Act is amended by
striking the item relating to section 342.
(b) Boards of Public Companies Subject to Civil Rights Act.--
Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e) is
amended by adding at the end of subsection (f) the following: ``The
term `employee' includes any person who serves on a board of directors
of an issuer that has a registration statement in effect as to a
security under the Securities Act of 1933 and is compensated by the
issuer.''.
(c) Prohibition on Racism.--The Gramm-Leach-Bliley Act (15 U.S.C.
6701 et seq.) is amended by inserting after section 503 (15 U.S.C.
6803) the following:
``SEC. 503A. PROHIBITED DIVERSITY, EQUITY AND INCLUSION PRACTICES.
``No Federal functional regulator shall engage in a prohibited
diversity, equity, and inclusion practice (as defined in section 1201
of the Civil Rights Act of 1964) or require (whether by regulation,
enforcement action, guidance, examination or otherwise) that any person
regulated by the Federal functional regulator engage in a prohibited
diversity, equity, and inclusion practice.''.
(d) National Securities Associations.--Section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by adding
at the end the following:
``(o) Prohibited Diversity, Equity and Inclusion Practices.--No
national securities association shall engage in a prohibited diversity,
equity, and inclusion practice (as defined in section 1201 of the Civil
Rights Act of 1964) or require (whether by rule, enforcement action,
guidance, examination, or otherwise) that any member of the national
securities association engage in a prohibited diversity, equity, and
inclusion practice.''.
(e) Community Development Advisory Board Member Requirements.--
Section 104(d)(2)(G) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4703(d)(2)(G)) is amended, in the
matter preceding clause (i), by striking ``and racial, ethnic, and
gender diversity''.
SEC. 703. HEALTH AND HUMAN SERVICES.
Section 821 of the Public Health Service Act (42 U.S.C. 296m) is
repealed.
SEC. 704. REPEAL OF DIVERSITY, EQUITY, AND INCLUSION PROGRAMS OF
DEPARTMENT OF DEFENSE.
(a) Repeal of Reporting Requirements on Diversity and Inclusion.--
Section 113 of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(2) in subsection (g)(1)(B)--
(A) by striking clause (vii); and
(B) by redesignating clauses (viii), (ix), and (x)
as clauses (vii), (viii), and (ix), respectively; and
(3) by striking subsections (l) and (m) and by
redesignating subsections (n) and (o) as subsections (l) and
(m), respectively.
(b) Repeal of Chief Diversity Officer.--
(1) In general.--Section 147 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking the
item relating to section 147.
(c) Repeal of Program on Diversity in Military Leadership.--
(1) In general.--Section 656 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 37 of such title is amended by striking
the item relating to section 656.
SEC. 705. DEPARTMENT OF HOMELAND SECURITY AND COAST GUARD.
(a) In General.--Paragraph (3) of section 845(c) of the Homeland
Security Act of 2002 (6 U.S.C. 415(c)) is repealed.
(b) Coast Guard.--Section 1903(d)(2) of title 14, United States
Code, is amended by striking ``, including diversity, inclusion, and
issues regarding women specifically''.
SEC. 706. DIRECTOR OF NATIONAL INTELLIGENCE.
Section 5704 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3334b) is repealed.
TITLE VIII--ENFORCEMENT; SEVERABILITY
SEC. 801. ENFORCEMENT; PRIVATE CAUSE OF ACTION.
(a) Enforcement.--Any person alleging a violation of this Act may
bring a civil action in any United States District Court.
(b) Relief.--In a civil action brought under subsection (a) in
which the plaintiff prevails, the court may award--
(1) a Writ of Mandamus or other equitable or declaratory
relief;
(2) a minimum of $1,000 per violation per day;
(3) reasonable attorney's fees and litigation costs;
(4) compensatory damages; and
(5) all other appropriate relief.
SEC. 802. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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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Referred to the Committee on Oversight and Accountability, and in addition to the Committees on the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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 the Judiciary, Education and the Workforce, Armed Services, Foreign Affairs, Financial Services, Energy and Commerce, Transportation and Infrastructure, and Intelligence (Permanent Select), 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.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 23 - 17.