[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.
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