118 S4516 IS: Dismantle DEI Act of 2024
U.S. Senate
2024-06-12
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.
II
118th CONGRESS
2d Session
S. 4516
IN THE SENATE OF THE UNITED STATES
June 12, 2024
Mr. Vance (for himself, Mrs. Blackburn, Mr. Cramer, Mr. Cassidy, Mr. Scott of Florida, Mr. Schmitt, Mr. Rubio, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To ensure equal protection of the law, to prevent racism in the Federal Government, and for other purposes.
1.

Short title
This Act may be cited as the “Dismantle DEI Act of 2024”.
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 Executive orders and memoranda rescinded.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.
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:
“XII

Prohibited diversity, equity or inclusion practice defined
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.”.
I

Federal Offices and Personnel
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.
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.”.
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.
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.
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.
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.”.
II

Federal Training
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.”.
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.
III

Federal Contracting
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).”.
302.

Prohibition on discrimination
(a)

In general
Section 122 of title 40, United States Code, is amended to read as follows:
“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.”.
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.
IV

Federal Grants and Cooperative Agreements
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:
“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. Grant and grant agreements.”.
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:
“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 an 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.”.
V

Federal Advisory Committees
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:
“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 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.”.
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.
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.”.
VI

Education
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.”.
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.”.
VII

Other Matters
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.
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:
“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”.
703.

Health and Human Services
Section 821 of the Public Health Service Act (42 U.S.C. 296m) is repealed.
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.
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”.
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.
VIII

Enforcement; severability
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.
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.