118 S1811 IS: Military Merit, Fairness, and Equality Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 1811IN THE SENATE OF THE UNITED STATESJune 6, 2023Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo ensure treatment in the military based on merit and performance, and for other purposes.

1.

Short title

This Act may be cited as the Military Merit, Fairness, and Equality Act of 2023.

2.

Findings

Congress makes the following findings:(1)The United States Armed Forces is the greatest civil rights program in the history of the world.(2)Former Chairman of the Joint Chiefs General Colin Powell wrote that the military [has] given African-Americans more equal opportunity than any other institution in American society.(3)Today’s Armed Forces is the most diverse large public institution in the country, and brings together Americans from every background in the service of defending the country.(4)Military readiness depends on the guarantee of equal opportunity, without the promise of an equal outcome, because warfare is a competitive endeavor and the nation’s enemies must know that the United States Armed Forces is led by the best, brightest, and bravest Americans.(5)The tenets of critical race theory are antithetical to the merit-based, all-volunteer, military that has served the country with great distinction for the last 50 years.

3.

Definition of equity

For the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term equity is defined as the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified.

4.

Prohibitions

(a)

Directives

The Department of Defense shall not direct or otherwise compel any member of the Armed Forces, military dependent, or civilian employee of the Department of Defense to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion or national origin is inherently superior or inferior. (b)

Training and instruction

No organization or institution under the authority of the Secretary of Defense may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that members of the Armed Forces, military dependents, or civilian employees of the Department of Defense should affirm, adopt, or adhere to the tenet described in subsection (a). (c)

Distinctions and classifications

(1)

In general

No organization or institution under the authority of the Secretary of Defense shall make a distinction or classification of members of the Armed Forces, military dependents, or civilian employees of the Department of Defense based on account of race, ethnicity, or national origin.(2)

Rule of construction

Nothing in this subsection shall be construed to prohibit the required collection or reporting of demographic information by the Department of Defense.

5.

Merit requirement

All Department of Defense personnel actions, including accessions, promotions, assignments and training, shall be based exclusively on individual merit and demonstrated performance.