[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 Executive orders and memoranda rescinded.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);