[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]



                  SACRIFICING EXCELLENCE FOR IDEOLOGY:
                          THE REAL COST OF DEI

========================================================================



                                HEARING

                               before the

                    SUBCOMMITTEE ON HEALTH CARE AND 
                           FINANCIAL SERVICES

                                 of the

                      COMMITTEE ON OVERSIGHT AND 
                           GOVERNMENT REFORM

                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED NINETEENTH CONGRESS

                             FIRST SESSION
                               __________

                             JUNE 25, 2025
                               __________

                           Serial No. 119-38
                               __________

Printed for the use of the Committee on Oversight and Government Reform




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              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                    JAMES COMER, Kentucky, Chairman

Jim Jordan, Ohio                     Robert Garcia, California, Ranking 
Mike Turner, Ohio                      Minority Member
Paul Gosar, Arizona                  Eleanor Holmes Norton, District of 
Virginia Foxx, North Carolina          Columbia
Glenn Grothman, Wisconsin            Stephen F. Lynch, Massachusetts
Michael Cloud, Texas                 Raja Krishnamoorthi, Illinois
Gary Palmer, Alabama                 Ro Khanna, California
Clay Higgins, Louisiana              Kweisi Mfume, Maryland
Pete Sessions, Texas                 Shontel Brown, Ohio
Andy Biggs, Arizona                  Melanie Stansbury, New Mexico
Nancy Mace, South Carolina           Maxwell Frost, Florida
Pat Fallon, Texas                    Summer Lee, Pennsylvania
Byron Donalds, Florida               Greg Casar, Texas
Scott Perry, Pennsylvania            Jasmine Crockett, Texas
William Timmons, South Carolina      Emily Randall, Washington
Tim Burchett, Tennessee              Suhas Subramanyam, Virginia
Marjorie Taylor Greene, Georgia      Yassamin Ansari, Arizona
Lauren Boebert, Colorado             Wesley Bell, Missouri
Anna Paulina Luna, Florida           Lateefah Simon, California
Nick Langworthy, New York            Dave Min, California
Eric Burlison, Missouri              Ayanna Pressley, Massachusetts
Eli Crane, Arizona                   Rashida Tlaib, Michigan
Brian Jack, Georgia                  Vacancy
John McGuire, Virginia
Brandon Gill, Texas

                                 ------                                

                       Mark Marin, Staff Director
                   James Rust, Deputy Staff Director
                     Mitch Benzine, General Counsel
              Reagan Dye, Senior Professional Staff Member
                Peter Spectre, Professional Staff Member
      Mallory Cogar, Deputy Director of Operations and Chief Clerk

                      Contact Number: 202-225-5074

                  Jamie Smith, Minority Staff Director
                      Contact Number: 202-225-5051
                      
                                 ------                                

           Subcommittee On Health Care and Financial Services

                  Glenn Grothman, Wisconsin, Chairman

Paul Gosar, Arizona                  Raja Krishnamoorthi, Illinois, 
Pete Sessions, Texas                   Ranking Minority Member
Anna Paulina Luna, Florida           Emily Randall, Washington
John McGuire, Virginia               Wesley Bell, Missouri
Brandon Gill, Texas                  Lateefah Simon, California 







































                         C  O  N  T  E  N  T  S

                               ----------                              

                           OPENING STATEMENTS

                                                                   Page

Hon. Glenn Grothman, U.S. Representative, Chairman...............     1

Hon. Raja Krishnamoorthi, U.S. Representative, Ranking Member....     3

                               WITNESSES

Mr. Dan Lennington, Managing Vice President and Deputy Counsel, 
  Wisconsin Institute for Law & Liberty
Oral Statement...................................................     4

Dr. Erec Smith, Ph.D., Research Fellow, Cato Institute
Oral Statement...................................................     6

Dr. Judge Glock, Ph.D., Director of Research and Senior Fellow, 
  Manhattan Institute
Oral Statement...................................................     7

Dr. Shaun Harper, Ph.D. (Minority Witness), Provost Professor of 
  Public Policy, Business, and Education, University of Southern 
  California
Oral Statement...................................................     9

Written opening statements and bios are available on the U.S. 
  House of Representatives Document Repository at: 
  docs.house.gov. 
  
                           INDEX OF DOCUMENTS

  * Letter, from LDF and MBELDEF, to DOT; submitted by Rep. 
  Krishnamoorthi.

  * Letter, from LDF, to Commerce, re: RFI on DEIA; submitted by 
  Rep. Krishnamoorthi.

  * Harvard Law, ``Mission and Goals of the Racial Justice 
  Initiative''; submitted by Rep. Krishnamoorthi.

  * Letter, from POTUS, to The Leadership Conference; submitted 
  by Rep. Krishnamoorthi.

  * Report, McKinsey, ``Delivering Through Diversity''; submitted 
  by Rep. Krishnamoorthi.

  * Report, CitiGPS, ``Economic Cost of Discrimination''; 
  submitted by Rep. Krishnamoorthi.

  * Report, WH, ``Racial Disparities in Government Contracting''; 
  submitted by Rep. Krishnamoorthi.

  * Report, DoD, ``State of Competition Within Defense Industrial 
  Base''; submitted by Rep. Krishnamoorthi.

  * Statement for the Record, Commerce Comment RFI--BDP, Lawyers' 
  Committee; submitted by Rep. Krishnamoorthi.

  * Statement for the Record, McCain Testimony, Legal Defense 
  Fund; submitted by Rep. Krishnamoorthi.

  * Statement for the Record, NDAA; submitted by Rep. 
  Krishnamoorthi.

  * Statement for the Record, RMSDC; submitted by Rep. 
  Krishnamoorthi.

  * Statement for the Record, USBC; submitted by Rep. 
  Krishnamoorthi.

  * Statement for the Record, Lee Testimony, Legal Defense Fund; 
  submitted by Rep. Krishnamoorthi.

  * Article, Forbes, ``Google Photos Tags Two African Americans 
  as Gorillas''; submitted by Rep. Randall.

  * Article, Brookings, ``Who uses legacy admissions''; submitted 
  by Rep. Randall.

The documents listed above are available at: docs.house.gov.


 
                  SACRIFICING EXCELLENCE FOR IDEOLOGY:
                          THE REAL COST OF DEI

                              ----------                              

                        WEDNESDAY, JUNE 25, 2025
                        

                     U.S. House of Representatives
              Committee on Oversight and Government Reform
          Subcommittee On Health Care and Financial Services.
                                                   Washington, D.C.

    The Subcommittee met, pursuant to notice, at 10:03 a.m., in 
room 2247, Rayburn House Office Building, Hon. Glenn Grothman 
[Chairman of the Subcommittee] presiding.
    Present: Representatives Grothman, Gosar, McGuire, Gill, 
Krishnamoorthi, Randall, Bell, and Simon.
    Mr. Grothman. Okay. Thank you, first of all. The Committee 
will come to order.
    Okay. Without objection, the Chair may declare a recess at 
any time.

         OPENING STATEMENT OF CHAIRMAN GLENN GROTHMAN  
                REPRESENTATIVE FROM WISCONSIN

    Mr. Grothman. I recognize myself for the purposes of making 
an opening statement, but before I do that, just a little bit 
of house cleaning. I am going to ask that Congresswoman Beth 
Van Duyne and Congressman Scott Perry be allowed to sit in 
here, and they both expressed an interest in showing up, and, 
of course, the more, the merrier.
    Okay. Now welcome to the Subcommittee on Health Care and 
Financial Services. Today's hearing will focus on the 
destructive diversity, equity, and inclusion, or DEI, policies 
that radical Democrats have tried to insert in American 
institutions, and really going back a little bit more than 
that, all the way back to affirmative action and the executive 
order put into place by President Johnson in 1965. I think it 
is important we all understand the effect and the scope of 
these policies have had on American life in the last 60 years.
    On September 24, 1965--we got to remember to celebrate that 
anniversary--almost 60 years ago, Lyndon Johnson signed 
Executive Order 11246, which mandated affirmative action 
programs and policies which facilitated discrimination. In 
1965, minority groups had faced a generation of despicable and 
repugnant discrimination, though I know individual universities 
who were already practicing affirmative action ten years before 
that. I know Princeton was practicing it in 1955. At the time, 
these nascent DEI policies were nobly aimed at reversing that 
harm. Unfortunately, even well-intentioned bad policy is still 
bad policy. Discrimination should never be fought with more 
discrimination. That is exactly what affirmative action and DEI 
policies have done.
    Over the last 60 years, these policies have infiltrated 
nearly every type of institution in America, including higher 
education, corporate workplaces, the military, and more. In my 
opinion, it really has not been gradual over the last 60 years. 
I think if you look back even in the 1970s, the 1960s, these 
policies were around. These policies divide Americans by 
putting them all in groups and educating people that they 
should not view themselves as an individual, they should view 
themselves as a group, which is why I think people who want to 
destroy America are so in favor of them. Categories, I might 
add, these arbitrary categories, are entirely self-reported.
    Rather than focusing on the whole of somebody's 
circumstances, DEI assumes that anyone who checks a box faces a 
certain racist disadvantage. Of course, we do not want to be a 
society where we go back and try to give preferences based on 
other factors as well. On President Biden's first day in 
office, he signed an executive order to promote DEI in Federal 
employment. This order went further than any before by 
expanding racial divisions, including immigrants. Thankfully, 
President Trump rescinded this executive order and decades of 
executive orders that preceded it.
    Let us be clear about what DEI is. It is a deliberate and 
explicit choice to put ideology over excellence. To deny 
admission of highly qualified students, to accept students with 
lower scores to fill in the box, right, is un-American, and, 
like I said, encourages divisiveness. To award government 
contracts to minority-owned companies over companies with 
better bids, this is spelled out plainly in the ``E'' of DEI. 
Under DEI, equity means ensuring equal outcomes. I think it is 
beyond Marxism, though. You are trying to destroy America by 
doing to America what they do in other countries in trying to 
set one ethnic group against another ethnic group. You know, 
you think of Canada, the French against the English. You think 
of Middle Eastern countries, the Shiites against the Sunnis, 
what have you. That is what they are trying to do in this 
country.
    Fortunately, despite the Democrats' best efforts, the 
courts have been opposed to this sort of thing. The Civil 
Rights Act protects everyone. Earlier this month, the Supreme 
Court rejected a lower court's requirement that members of 
majority groups must meet a certain higher standard to win 
discrimination cases against their employers. By the way, the 
case was unanimously decided. Even Justice Jackson authored the 
majority opinion. In 2023, the Supreme Court ended race-based 
admission programs at colleges and universities, finding that 
that considering race as a factor in admissions violated the 
Fourteenth Amendment of the Equal Protection Clause and Title 
VI of the Civil Rights Act.
    The Trump Administration has launched a wide-reaching 
effort to eliminate DEI, including revoking LBJ's 1965 
executive order. These steps are critical, but there is more 
work to be done. Above all, we have to educate the American 
public what has been going on in this country in the last 60 
years. Hopefully, the hearing will provide us with an 
opportunity to discuss this important topic and consider 
possible reforms to fortify American meritocracy and 
excellence, and above all, have reforms that do not continue 
with this policy of what I believe is intentionally trying to 
set one group of Americans against another.
    I yield to my Ranking Member Krishnamoorthi for his opening 
statement.

              OPENING STATEMENT OF RANKING MEMBER 
       RAJA KRISHNAMOORTHI, REPRESENTATIVE FROM ILLINOIS

    Mr. Krishnamoorthi. Mr. Chair, thank you, and thank you for 
convening this hearing. Despite this being the Health Care and 
Financial Services Subcommittee of the Oversight Committee, I 
am disappointed that the words ``healthcare,'' ``financial 
services,'' and ``oversight'' do not appear anywhere in today's 
hearing topic. Rather than conducting real oversight into the 
damage being done to our Nation's healthcare systems, this 
Subcommittee is once again failing to meet the moment. I can 
understand the Majority's desire to change the subject. If I 
had to defend the Big Beautiful Bill, or what I call the Large 
Lousy Law, I would be looking for a distraction as well. It is 
easier to deflect than to face the truth. This Large Lousy Law 
is cutting at least $625 billion from Medicaid, leaving 
millions without access to healthcare. It is taking food from 
children through cuts to SNAP. It is forcing thousands of 
veterans out of their homes by slashing affordable housing 
assistance, and not to mention this bill adds so much to the 
Nation's debt that CBO, the Congressional Budget Office, says 
the bill may trigger $500 billion in automatic cuts to Medicare 
in addition to the cuts that are happening to Medicaid.
    It is no surprise that with the Senate Republicans making 
even deeper cuts to Medicaid in their version of what I call 
the Large Lousy Law, this Subcommittee is trying even harder to 
change the subject, holding a hearing not about healthcare, but 
how great it would be to pit Americans against each other and 
go after the concept of diversity. The Majority believes 
diversity is a barrier to excellence, but I believe that it is, 
in fact, the key to achieving excellence in America. Diversity 
means lowering the barrier so everyone can compete. When we 
have competition, America benefits. Diversity means we have 
more competition in our work force so our employers can perform 
better. It means more opportunities for small businesses. It 
means higher quality products and services, and ultimately, it 
means lower prices.
    From consumers to taxpayers to employers, everyone wins 
when we expand opportunity and lower barriers to competition. 
This is not theory, it is proven. Studies from across the 
political spectrum back it up. Indeed.com, the Nation's largest 
online recruiter, found that diverse teams make faster, better 
decisions. McKinsey reported that companies with more women in 
leadership are significantly more likely to outperform 
companies with fewer women in leadership. Forbes found that 
diverse workplaces are essential to retaining top talent. 
Diversity means not giving someone an unfair head start and 
making sure ultimately that the race is not rigged.
    When I first ran for office in Illinois, I said my name is 
Raja Krishnamoorthi and instead was called Roger Christian 
Murphy. A tee shirt with that name now hangs in my office. Yes, 
it is funny, but it is also a pointed reminder that the whole 
point of diversity is that Raja Krishnamoorthi does not have to 
be Roger Christian Murphy in order to get ahead. Real 
competition and true opportunity drive economic success. That 
is why it is no accident that Illinois is one of just 13 states 
that sends more tax dollars to Washington than it receives in 
services. Illinois does this by fostering diverse talent, and 
it invests in having the broadest opportunities for everyone. 
Those investments mean that Illinois ranks near the top 
nationally in economic performance, education, and quality of 
life, and Illinois is an engine of America's economy. Diversity 
is one of its drivers. There is no reverse gear for prosperity, 
and I will not go back to the days when the American Dream was 
reserved merely for the privileged few. Thank you, and I yield 
back.
    Mr. Grothman. Okay. I am pleased today to welcome our 
witnesses, Dan Lennington, Erec Smith, Judge Glock, and Shaun 
Harper. Dan Lennington is managing vice president and Deputy 
Counsel at the Wisconsin Institute for Law & Liberty. Erec 
Smith is a research fellow at the Cato Institute. Judge Glock 
is the Director of Research and Senior Fellow at the Manhattan 
Institute, and Shaun Harper is provost Professor of Public 
Policy, Business, and Education at the University of Southern 
California. We look forward to hearing what you have to say on 
today's important topic.
    Pursuant to Committee Rule 9(g), the witnesses will please 
stand and raise their right hand.
    Do you solemnly swear or affirm that the testimony that you 
are about to give is the truth, the whole truth, and nothing 
but the truth, so help you God?
    [A chorus of ayes.]
    Mr. Grothman. The record will show that the witnesses all 
answered in the affirmative, so we are going to get nothing but 
the facts today. Thank you, and you may take a seat. Okay. I 
appreciate you being here today.
    Let me remind the witnesses that we have read your written 
statement and it will appear in full in the hearing record. 
Please limit your oral statement to 5 minutes.
    As a reminder, please press the button on the microphone in 
front of you so that it is on and the Members can hear you. 
When you begin to speak, the light in front of you will turn 
green. After 4 minutes, the light will turn yellow, which means 
you have got a minute to go. When the red light comes on, your 
5 minutes have expired, and I ask you to wrap up as quickly as 
possible. We will start with Dan Lennington for your opening 
statement.

                  STATEMENT OF DAN LENNINGTON 
           MANAGING VICE PRESIDENT AND DEPUTY COUNSEL 
             WISCONSIN INSTITUTE FOR LAW & LIBERTY

    Mr. Lennington. Thank you, Members of the Subcommittee, for 
inviting me here to testify. A few weeks ago, the U.S. Supreme 
Court unanimously held that Federal civil rights laws apply to 
all Americans equally. The law of the land is color blind. 
Diversity, equity, and inclusion, or DEI, stands in direct 
contrast to this legal principle. DEI treats individuals as 
members of racial groups and then aims to even out the outcomes 
through racial balancing, a practice the U.S. Supreme Court has 
repeatedly deemed unlawful.
    This morning, I would like to emphasize two points briefly. 
First, DEI hurts real Americans every day, and second, DEI is, 
in fact, illegal. At the Wisconsin Institute for Law & Liberty, 
we have represented over 80 clients from 25 states who have 
been harmed by discriminatory DEI policies. We have filed 
lawsuits, including six against the Biden Administration and 
one recent lawsuit against the Trump Administration, to protect 
Americans from these harmful DEI policies. Programs we have 
successfully challenged include grant programs, investment 
vehicles, educational policies, government programs that 
discriminate against many Americans based on race.
    DEI in the workplace is particularly harmful. Many victims 
suffer in silence, fearing retaliation or job loss. For 
instance, an employee at a Fortune 500 company recently told us 
he was excluded from a fast-track promotion program because he 
is White. A different employee told us about a policy that 
rewards managers for meeting race-based hiring goals. These are 
not isolated anecdotes. A 2023 Pew study found that over half 
of American workers encounter discriminatory DEI policies every 
day at work. McKinsey & Company estimates that DEI spending 
will hit $15 billion by 2026. Beyond workplaces, corporations 
like Microsoft, Amazon, BMO Harris Bank run race-based programs 
for their customers and suppliers. Hospitals and health 
systems, like Johns Hopkins and Cleveland Clinic, have 
prioritized race in patient care, employment, or contracting, 
and the Federal Government still runs dozens of race-based 
programs even to this day, under the guise of helping 
``socially disadvantaged individuals,'' a designation that 
several courts have held is illegal race discrimination.
    DEI is, in practice, illegal. In 2023, the U.S. Supreme 
Court outlawed affirmative action because it violates five 
separate rules just like DEI. First, diversity and racial 
balancing are never lawful reasons to discriminate based on 
race. Second, racial categories, like ``Asian'' or 
``Hispanic,'' are simply too vague to enforce and sometimes 
overbroad or underinclusive to permit any racial distinctions. 
Third, race can never be used as a negative, favoring one race 
over another. Fourth, race can never be used as a stereotype, 
such as encouraging racial diversity as an end in and of 
itself. And fifth, any race-based remedy, if it is permitted at 
all, has to be temporary. DEI runs afoul of all these rules and 
hurts Americans every day.
    Congress should lead by example by reforming Federal law to 
root out all benefits and preferences for ``socially 
disadvantaged individuals''. In our recent ``Roadmap To 
Equality'' report, we identified dozens of such race-based 
programs currently enshrined in Federal law. Additionally, 
Congress should provide more funding to support those Federal 
agencies that enforce our civil rights, such as the EEOC and 
the Department of Justice.
    To end, I would like to briefly quote one of our clients, 
Colby Decker, a mom from Green Bay, Wisconsin, whose son could 
not get help at school for dyslexia simply because he is White. 
Mrs. Decker told me, ``As a mother, it is heartbreaking to see 
countless children directly and mercilessly impacted by DEI.'' 
These are not victimless policies and practices. Indeed, DEI is 
not victimless. Penalizing individuals to ``make up'' for past 
discrimination is wrong. As the Supreme Court wrote in Brown v. 
Board of Education, treating people differently based on race 
``generates a feeling of inferiority as to their status in the 
community that may affect their hearts and minds in a way 
unlikely ever to be undone.'' Thank you, and I look forward to 
your questions.
    Mr. Grothman. Dr. Smith.

               STATEMENT OF DR. EREC SMITH, PH.D. 
                RESEARCH FELLOW, CATO INSTITUTE

    Dr. Smith. Chairman Grothman, Ranking Member 
Krishnamoorthi, and Members of the Committee, thank you for the 
opportunity to speak today. My name is Dr. Erec Smith. I am a 
former professor and current research fellow at the Cato 
Institute, and I am also the president of Free Black Thought, a 
nonprofit dedicated to viewpoint diversity and academic 
freedom, particularly in discussions surrounding race and 
education. I come before you today with deep concern about how 
diversity, equity, and inclusion, commonly known as DEI, has 
evolved, or rather devolved, in our institutions of higher 
learning. What began as a call for fairness has transformed 
into a sprawling ideology that undermines academic rigor, 
weakens individual accountability, and consumes public and 
student resources. In many cases, it replaces education with 
political conditioning.
    Let me be clear: I support racial equality and inclusion in 
principle, but too many of today's DEI practices are rooted in 
a framework drawn from Marxist critical theory, typically 
critical social justice, and postmodern thought. These programs 
promote the idea that all disparities result from systemic 
oppression and that institutions must be re-engineered along 
lines of race, gender, and identity. This framework rejects 
principles like merit and equal treatment, and instead replaces 
them with a primacy of identity and identity-based power 
dynamics. Thus, when most critics go after DEI, they are not 
going after racial equality and inclusion in principle. They 
are going after their opposites disguised as justice. This 
ideology has consequences. In my own academic career, I have 
seen how the rise of DEI has undermined meritocracy and 
discouraged open dialog. When I questioned the efficacy of some 
certain ideas and tenets, I was labeled a White supremacist. I 
will give people time to wrap that around your mind. Okay, 
good. When I questioned the efficacy of certain ideas and 
tenets, White supremacy was what was associated with me.
    My experience is not unique. Universities are increasingly 
rewarding ideological conformity and penalizing dissent, even 
when that dissent is rooted in rigorous evidence-based 
argumentation. Now, many studies highlight DEI's apparent 
benefits. Many others, however, challenge its core claims, such 
as its role in reducing harm, preventing violence, or aiding 
recovery. Research increasingly shows that DEI training often 
fails to reduce harm and may even exacerbate it. A fair 
comparison of the evidence on both sides is long overdue.
    Meanwhile, students are paying the price. DEI promotes the 
notion that minority students are too fragile for challenging 
ideas, which weakens resilience and hinders intellectual 
growth. Many now graduate with little improvement in critical 
thinking and writing skills--writing skills, which are 
sometimes dismissed as inherently White, and, therefore, racist 
to expect from minority students. I will pause again and let 
you wrap your minds around that. Even the Smithsonian's 
National Museum of African American History & Culture once 
echoed this view. Undermining the very traits that foster 
success, this is not empowerment. This is educational 
malpractice.
    Perhaps most troubling for this Committee is that DEI has 
become a publicly funded industry. Universities often use 
Federal student loans and grants to fund DEI initiatives that 
have very little to do with actual education. DEI bureaucracies 
are self-reinforcing. The more they declare society to be 
systemically racist, the more positions and programs they claim 
are necessary to fix it. This alone does not prove ill will, 
but it does create a feedback loop that diverts taxpayer 
dollars and tuition revenue away from instruction, research, 
and student support. The actual amount of the funding is 
irrelevant. The money could be better put to use. Yes, some DEI 
proponents say they do not abide by this detrimental ideology 
and create initiatives more aligned with classical liberal 
values, but where were they when detrimental ideologies were 
ruining lives, demonizing critical thinking and inquiry, and 
pushing a narrative of doom and gloom for minorities? In this 
scenario, silence is indeed consent.
    In sum, DEI has ceased to be a tool for fairness. It is now 
a mechanism for ideological control, bureaucratic expansion, 
and fiscal inefficiency. It undermines academic integrity, 
penalizes viewpoint diversity, and shortchanges the very 
students it claims to uplift. Let us find a better way. Thank 
you.
    Mr. Grothman. Thank you very much. Dr. Glock.

              STATEMENT OF DR. JUDGE GLOCK, PH.D. 
             DIRECTOR OF RESEARCH AND SENIOR FELLOW 
                      MANHATTAN INSTITUTE

    Dr. Glock. Chairman Grothman, Ranking Member 
Krishnamoorthi, and distinguished Members of the Subcommittee, 
thank you very much for the opportunity to testify on DEI, in 
particular on the topic of race and sex-based contracting. 
Although it does not receive the attention of other so-called 
diversity, equity, and inclusion programs, the Federal 
Government's programs to award contracts to businesses based on 
the owner's race and sex are probably the most expensive by an 
order of magnitude.
    Last year, the Federal Government spent over $750 billion 
on contracts involving everything from Army tanks to office 
software, and its grants to state and local governments 
supported contracts involving everything from energy 
infrastructure to highways. Yet for years, Federal laws and 
regulations have demanded that significant portions of 
contracts at all levels of government go to businesses based 
not upon those contracts' quality or cost, but on the race and 
sex of business owners. The Biden Administration actually had a 
goal to require up to 15 percent of all Federal contracts to go 
to so-called disadvantaged businesses. We now know that these 
minority contracting programs cost taxpayers tens of billions 
of dollars a year, degrade our infrastructure and national 
defense, encourage corruption, and do nothing to help the truly 
disadvantaged. Congress should end them as soon as possible.
    There are two main race contracting programs, one the 8(a) 
program, which gives preferences to so-called disadvantaged 
businesses in Federal contracting, and the Disadvantaged 
Business Enterprise Program, which gives preferences to 
minority-and women-owned firms in programs funded by the 
Federal Government. Contracting officers are required to give 
certain proportions of all their contracts to these firms or 
require subcontracting to them. Given that tens of billions of 
dollars are at stake based not on contract price or quality, 
but on the race and sex of business owners, it should not be 
surprising that many otherwise non-qualifying businesses seek 
to take advantage of these. A Department of Transportation 
Inspector General report found that over a third of its active 
fraud cases involved disadvantaged business enterprise fraud 
over the previous five years, and in those cases, the 
Department of Transportation recovered hundreds of millions of 
dollars in financial penalties. A Small Business Administration 
report found that 20 of the 25 8(a) disadvantaged firms they 
reviewed, which included 15 of the largest 8(a) contractors, 20 
of them should not have been in the program.
    Stories of minority contracting fraud are shockingly 
common. Just last month, the U.S. Supreme Court decided a fraud 
case involving two companies that used a fake passthrough firm 
to meet disadvantaged targets, with the passthrough firm taking 
a significant fee and performing no work, which is a very 
regular tendency in these contracting programs. Just this 
month, the Department of Justice secured four guilty pleas 
involving bribery by an 8(a) firm of a United States Agency for 
International Development (USAID) official to secure over $550 
million in contracts. There was a recent even more egregious 
case involving an individual who, although considered socially 
and economically disadvantaged, according to the filed 
complaint, was living in a 14,000 square foot waterfront 
mansion that was featured on HGTV'S Extreme Houses--or Extreme 
Homes, excuse me for missing the term of the TV show.
    There is solid academic evidence that these programs are 
costly. A well-regarded paper from 2009 looked at what happened 
when California banned consideration of race and sex in 
contracting. The author found the cost of state-funded highways 
fell about 5-and-a-half percent relative to federally funded 
projects. A working paper from last year found that 
disadvantaged business set-asides increases cost overruns by 
about a third and delays by about nine percent. There have been 
some welcome developments in the field of minority contract, 
including changes in the courts and the executive branch, some 
of which my fellow witnesses have mentioned. Unfortunately, 
much of these contracting programs will continue without 
further action from Congress.
    A district court recently said that businesses can no 
longer be presumed eligible for the 8(a) program based on their 
owner's race, but soon after the decision, the Small Business 
Administration requested current and potential 8(a) businesses 
to write what they called social disadvantaged narratives to 
receive admittance to the program. It now recommends applicants 
for this contracting program describe how their race, ethnic 
origin, sexual orientation, or other so-called identities and 
characteristics have caused them to suffer discrimination and 
made them disadvantaged and eligible. It seems the Federal 
Government is now awarding large defense and infrastructure 
contracts based on essays about putative social slights, which 
would strike most Americans as absurd.
    American taxpayers deserve the best deal possible, which 
means the core of contracting with the Federal Government 
should always be price and quality. Preferences for already 
successful businesses based on their owner's race or sex are 
unconstitutional, expensive, and detrimental to the core 
functions of government. They should be removed from all levels 
of government as quickly as possible. Thank you.
    Mr. Grothman. Thank you. Now, I will go on to Shaun Harper 
for his opening statement.

              STATEMENT OF DR. SHAUN HARPER, PH.D. 
            (MINORITY WITNESS), PROVOST PROFESSOR OF 
             PUBLIC POLICY, BUSINESS, AND EDUCATION 
               UNIVERSITY OF SOUTHERN CALIFORNIA

    Dr. Harper. Thanks for inviting me. I am a tenured 
professor in three academic schools at the University of 
Southern California, but I am not here today as a spokesperson 
for my institution. America owes the enslaved Africans who 
built the White House and the U.S. Capitol Building. Neither 
they nor family members of theirs and subsequent generations 
were rightly compensated for those magnificent contributions or 
for centuries of additional unpaid labor.
    America owes the women who have never received equal pay 
for their performance of equal work. It owes employees who were 
sexually harassed and abused in their workplaces, especially 
those who never received legal or financial remedies. It owes 
extraordinarily talented service members of color who were 
unfairly passed over for promotions in our Nation's military. 
It owes extraordinarily talented people with disabilities who 
never received the accommodations that would have enabled them 
to advance in their careers, and it owes extraordinarily 
talented professionals who never got a real shot at earning 
their way to the top in their workplaces because of their 
weight, accents, last names, sexual orientations, or skin 
color.
    DEI policies and programs aim to redress these and myriad 
other longstanding realities. Opponents often critique DEI 
plans that they have never read. They make unsubstantiated 
generalizations about DEI experiences in which they have not 
participated. I furnish several examples of this in my written 
testimony. One such overestimation and overstatement is that 
White employees are being most routinely discriminated against 
in their workplaces. Here are the facts. Seventy-two percent of 
employees in leadership roles at colleges and universities are 
White. Cumulatively across all industries, 77-percent of 
managers are White. Eighty-four percent of C-suite executives 
in Fortune 100 companies are White. Eighty-seven percent of 
Fortune 500 CEOs are White. Ninety-four percent of U.S. 
Governors are White. Seventy-three percent of the current U.S. 
Congress is comprised of White Members. All but one President 
of the United States of America has been White. Put simply, 
there is insufficient evidence to confirm that highly 
qualified, White professionals, especially men, are being 
systematically passed over for leadership roles on the basis of 
their race. There is even less evidence that DEI policies and 
programs are responsible for racial discrimination against them 
or anyone else.
    Opponents also exaggerate the amount of time and money 
spent on DEI activities. At U.S. Defense Secretary Pete 
Hegseth's confirmation hearing, Indiana senator, Jim Banks, 
claimed that the Defense Department spent over five million 
hours on counterextremism and diversity training during the 
first year of Joe Biden's presidency. Banks did not disentangle 
counterextremism from DEI activities. Surely, they are not the 
same. Rhode Island senator, Jack Reed, pointed out that the 
estimated 5.9 million hours devoted to DEI were out of more 
than two billion hours that the Defense Department devoted to 
all training activities during that same year. That means that 
less than .3 percent of training time was spent on DEI. 
Notwithstanding, Hegseth went on to say that as Defense 
Secretary, he would ``send a clear message that this is not a 
time for equity.''
    It is essential for Secretary Hegseth, the Trump 
Administration, and all other citizens to understand the real 
cost of inequity to our country. Here are the real costs that 
too many Americans pay with their lives. Infant mortality, 
maternal mortality, diabetes, asthma, COVID-19, heart attacks, 
strokes, AIDS-related illnesses, and most forms of cancer 
disproportionately kill Americans of color. Analysis presented 
in a highly cited W.K. Kellogg Foundation report revealed that 
closing racial gaps in health, education, and employment would 
increase America's GDP by $8 trillion. On their own, health 
disparities in the United States annually produce $93 billion 
in excess medical costs and $42 billion in lowered productivity 
according to that same Kellogg Foundation report. Additionally, 
the economic impact of shortened life spans among people of 
color is $175 billion. Now, those are the real cause. Thank 
you.
    Mr. Grothman. Okay. Now, we will begin to open it up for 
questions, and I will call upon myself first.
    Mr. Lennington, I would like to have you give us a little 
bit of a background of what some people call affirmative 
action. As I understood, it began in 1965, Lyndon Johnson, and 
since that time, our Nation has shifted more and more in that 
direction. First of all, I think it was supposed to be a race 
thing, but at what time did people from south of the border 
wind up getting added to the mix? At what time did women get 
added to the mix? And do these policies result, as a practical 
matter, in American businesses discriminating by sex or race?
    Mr. Lennington. I think that is a fair estimation. What I 
would say is, you know, the first thing to remember is that the 
Civil Rights Act of 1964 was passed in July 1964. There was an 
election in November 1964, and every single person who voted 
for that law was reelected. It was very popular among the 
American people, and one of the reasons why is because the law 
was itself colorblind. There was actually a provision at the 
end of Title VII that says that nothing in this law should be 
read to encourage the development of quotas or goals. But after 
that election, President Johnson did go on to establish this 
Executive Order 11246, which established affirmative action 
with some teeth, which meant that goals were going to be then 
enforced by the Federal Government. And so, Federal contractors 
were encouraged to set aside businesses for minorities under 
something called the Philadelphia Plan that was later expanded 
greatly by President Nixon under his Secretary of Labor, George 
Shultz, and then basically ratified by the U.S. Supreme Court 
in a couple of decisions, Bakke and Weber, saying that it is 
okay to take race into account when you are establishing 
benefits and burdens. So, based on----
    Mr. Grothman. Could you describe what you mean by race at 
the time? I believe President Biden recently added people from 
North Africa, Middle Eastern. You know, when it began, were you 
just talking about Black? Were you talking about Hispanic? Were 
you talking about Asian? At what time were these different 
groups added, and at what time were women added to the mix?
    Mr. Lennington. So, the women were a few years after the 
original affirmative action order was issued, but then, in the 
1970s, the OMB came up with this Directive 15, which 
establishes racial categories that we actually live with today, 
which broadly defines ``Asian,'' but irrationally also defines 
``Asian'' to exclude many people who are from Asia. For 
example, someone from Afghanistan is not considered Asian under 
the Federal law. Someone from the Middle East is not considered 
Asian. People from North Africa are considered White. So, 
people from, you know, different parts of the world are labeled 
other things. You know, Hispanics are people who only derive 
from Spanish-speaking countries.
    Mr. Grothman. If I am, say, of German descent, but my 
ancestors spent a few generations in Uruguay, am I considered 
Hispanic or am I considered European?
    Mr. Lennington. These are difficult questions, and I think, 
right now, you would be considered South American or Latino or 
Hispanic, depending on which Federal law you are actually 
looking at. A lot of these Federal laws contradict each other 
in who is in and who is out.
    Mr. Grothman. Right. If I am one-quarter Mexican and three-
quarters Irish or something in ancestry, and by Mexican, I 
mean----
    Mr. Lennington. Hispanic.
    Mr. Grothman. Even not Hispanic because Hispanic, as you 
just mentioned, covers people of European descent who came here 
from Cuba, say. Like I said, if one-quarter of my ancestry is 
from Uruguay and three-quarters is from Ireland, am I 
considered a minority for purposes of this law?
    Mr. Lennington. It is presently interpreted as self-
identification. So, if you identify as that race, you get the 
benefits under the current Federal law, so it is not a blood 
quantum sort of process that they go through. They ask you how 
you identify.
    Mr. Grothman. You are talking about people who are at a 
disadvantage. If my father is a billionaire but my ancestry is 
Latin American, am I considered disadvantaged?
    Mr. Lennington. Yes. One interesting point. We just won a 
case against the Minority Business Development Agency, and the 
judge in that case said that under Federal law, Oprah Winfrey 
is disadvantaged.
    Mr. Grothman. Right. So, is there any reason for this other 
than that you want to divide Americans? If we are really 
looking at disadvantaged, I can have a life of hell, but since 
my ancestors are from Europe, I am not disadvantaged. You know 
what I mean?
    Mr. Lennington. We can decide who is disadvantaged in this 
country by asking them. Under Medicaid, you can get on the 
Medicaid rolls by establishing your individual need. There is 
no reason to assume someone is disadvantaged just by the color 
of their skin, which is what Federal law does in many, many 
programs right now.
    Mr. Grothman. Okay. I will maybe come back to myself later. 
Mr. Krishnamoorthi.
    Mr. Krishnamoorthi. Thank you, Mr. Chair. In the name of 
expunging DEI, the Trump Administration has lurched from the 
farcical to the cruel in its effort to rewrite history, 
including, for instance, threatening to remove Emmett Till's 
monument to even deleting references to the historic and heroic 
Tuskegee Airmen. These actions are wrong but do not compete in 
cruelty with the ending of a suicide hotline for lesbian, gay, 
bisexual, transgender, and queer/questioning (LGBTQ) youth, 
which I just want to go into very briefly.
    Mr. Lennington, in the Trump Administration, CDC in this 
report found that suicide risk is around four times higher for 
LGBTQ youth compared to their peers. You do not dispute that 
these are the Trump CDC's findings from 2020, correct?
    Mr. Lennington. I cannot see what you are holding up, but 
are you talking about the Trevor Project? Is the----
    Mr. Krishnamoorthi. No, I am talking about the CDC.
    Mr. Lennington. Okay. No, I do not know what that is.
    Mr. Krishnamoorthi. Okay. In 2018, Republican Senator Orrin 
Hatch said, ``It is a tragedy that in the United States suicide 
is a leading cause of death among young people, and more tragic 
is the fact that LGBTQ youth are especially vulnerable.'' You 
do not dispute that that is what Senator Hatch said, correct, 
Mr. Lennington?
    Mr. Lennington. I am not aware of what he said at all.
    Mr. Krishnamoorthi. And in 2019, Democrats and Republicans 
came together to pass the National Suicide Hotline Designation 
Act, which was signed into law by President Trump, and, Dr. 
Harper, you do not dispute that President Trump signed that 
into law?
    Dr. Harper. I do not dispute that.
    Mr. Krishnamoorthi. This May, so just a month ago, 
Republican Representatives Lawler and Kim wrote that this 
dedicated LGBTQ hotline has received over 1.3 million calls and 
texts. They go on to say in their letter, ``Eliminating these 
support systems would be a devastating setback for youth 
already at elevated risk.'' You do not dispute that my 
Republican colleagues said this, do you, Mr. Lennington?
    Mr. Lennington. I am not aware of anything to do with the 
suicide hotline.
    Mr. Krishnamoorthi. And that is the problem, a lack of 
awareness. The fact that we are expunging an LGBTQ youth 
suicide hotline in the name of expunging DEI is precisely why 
this crusade is so misguided.
    Let me go to my next topic. The Trump Administration is 
eliminating DEI programs to ensure ``equality for everybody.'' 
That supposed equality has also translated into ending programs 
that have helped working people get ahead, leaving everybody 
equally a lot worse off. Dr. Harper, the California Medical 
Association reported that the Republican Senate reconciliation 
proposal will slash Medicaid by $900 billion. You do not 
dispute they found that, right?
    Dr. Harper. I do not.
    Mr. Krishnamoorthi. The House reconciliation bill will lead 
to at least 16 million people losing their health insurance. 
The Senate plan will be worse. Within this estimation, the 
Kaiser Family Foundation (KFF) reports that 1.3 million 
Medicare beneficiaries will lose their Medicaid coverage. You 
do not dispute they found that, right?
    Dr. Harper. I do not, and it will disproportionately affect 
people of color.
    Mr. Krishnamoorthi. Crain's Chicago Business reported that 
this proposed slashing of Medicaid will leave at least eight 
hospitals to immediately close their doors in Illinois and 
potentially hundreds of hospitals across the country to do the 
same. Again, that is what this Large Lousy Law is about to do, 
and we are talking about eliminating DEI programs all day 
around here.
    Last topic. The title of this hearing is ``Sacrificing 
Excellence for Ideology: The Real Cost of DEI.'' I would like 
to discuss some of the excellence within the Trump 
Administration. Mr. Lennington, the AP reports that Defense 
Secretary Pete Hegseth is being investigated for accidentally 
sharing potentially classified information with the Atlantic's 
editor-in-chief. You do not dispute this report, right?
    Mr. Lennington. No.
    Mr. Krishnamoorthi. ProPublica reported that President 
Trump appointed a 22-year-old to oversee the government's main 
hub for terrorism prevention. His only qualification? Having 
served as the secretary general of a Model U.N. club. You do 
not dispute that ProPublica reported this, Dr. Harper, do you?
    Dr. Harper. I do not.
    Mr. Krishnamoorthi. I have an interesting picture of this 
gentleman as well, which I will show you in a second. Oh, 
actually, he is here, this guy. Additionally, The New York 
Times reported that the President's Health and Human Services 
Secretary, Robert F. Kennedy, Jr., has promoted numerous 
unproven conspiracy theories. He claims HIV does not cause 
AIDS, that fluoride is a neurotoxin, and Wi-Fi causes cancer. 
You do not dispute these reports, do you, Dr. Smith?
    [No response.]
    Mr. Krishnamoorthi. In 2023, Mr. Lennington, you wrote in 
an article titled, ``Re-nominating Trump could cause a 
dangerous chain reaction,'' that, ``Republicans may want to 
think about nominating someone else.'' To end on a positive 
note, I agree wholeheartedly with you. Thank you.
    Mr. Lennington. Thank you.
    Mr. Grothman. Okay. Mr. Gosar.
    Mr. Gosar. Well, thank you, Chairman Grothman. DEI might as 
well be renamed DIE, because that is where all good things go 
to die. Under DEI, no longer are skills valued because it 
forces people to judge a man based on the color of his skin 
rather than content of his character. We are all created 
unique, men and women, in God's image, each with unique 
talents. In the 117th Congress, I introduced the MERIT Act to 
prohibit government hiring and contracting based on affirmative 
action. I invite all my colleagues on this dais to join me and 
to co-sponsor this bill.
    In healthcare, do you want a doctor or a dentist like me or 
a nurse based on my skin color or based on my qualifications? 
By promoting DEI in schools, you are teaching students to see 
color in their classmates before virtues. Now, I am not denying 
that discrimination does not exist in this world. It does. But 
DEI and affirmative action have historically failed to protect 
Americans. You guys cannot keep repeating these same mistakes 
because it is called insanity. Dr. Smith, would you agree that 
modern DEI originated with the affirmative action?
    Dr. Smith. Modern DEI did not originate with 1964 Civil 
Rights Act. That definition of affirmative action meant a 
prohibition of discriminating based on race and denying 
resources to people of color. Later on, through case law, it 
became a quota system, so it started out with great intentions, 
but it has devolved substantially.
    Mr. Gosar. Okay. For example, I have a bill to terminate 
Affirmatively Furthering Fair Housing Initiative or DEI 
mandates in local planning and zoning decisions. Mr. 
Lennington, anyone who is complicit in promoting DEI is 
violating the civil rights. As an attorney, what are the 
consequences of violating the Civil Rights Act?
    Mr. Lennington. Well, if you are an employer, you can be 
held liable in court for damages, and under Federal civil 
rights law, you can be held liable for punitive damages, too, 
so there are severe consequences. Also, if you are a Federal 
contractor, you can have your Federal money taken away, or if 
you are a Federal grant recipient, you can have your Federal 
money taken away. So, there are very harsh consequences to 
discriminating based on race, and everybody who does 
discriminate based on race should be punished.
    Mr. Gosar. So, should these DEI pushing companies and 
schools be pursued for violating the Civil Rights Act?
    Mr. Lennington. Yes, I think they are. Actually, right now, 
under the Civil Fraud Initiative at the U.S. Department of 
Justice, they are actively investigating U.S. companies. We 
have filed a complaint against Amazon a few weeks ago for 
running something called the Black Business Accelerator. 
Lockheed Martin was just brought up in the news over denying 
bonuses to employees based on race. That is a major Federal 
contractor. And so, yes, the agenda of the Trump Administration 
is to investigate and root out DEI in Federal grant recipients 
and Federal contractors.
    Mr. Gosar. So, you mentioned in your testimony that victims 
of DEI discrimination often suffer in silence for fear of 
retaliation. In your opinion, do DEI policies make a mockery of 
real discrimination cases like those against pregnant women in 
the workplace, for example, or individuals with disabilities?
    Mr. Lennington. Yes, it does. It does not help the people 
who need help. If people have been the victims of race 
discrimination, we should punish the offender and provide a 
remedy to the victim of race discrimination. Taking a job away 
from an unaffiliated White male and giving it to someone else 
does not cure the discrimination. It just pushes the 
discrimination onto someone else.
    Mr. Gosar. Dr. Glock, will Federal costs decrease if DEI is 
truly abolished across the Federal Government?
    Dr. Glock. Absolutely.
    Mr. Gosar. What happens if we do not stop this madness now? 
What are the dangers of a prolonged DEI policies?
    Dr. Glock. Well, we will see continued high costs in 
defense and infrastructure contracting. We will see increased 
delays. We will continue to see corruption. We will continue to 
see more cost overruns on government projects and poor projects 
in general because they are selected not on price and quality, 
but on race and sex.
    Mr. Gosar. There is really no shortage of dangers because 
how infected both the public and private sectors are with DEI. 
We are talking about compromising healthcare outcomes, defense 
force and readiness, and infrastructure construction. And I 
just got one last question. Where does Native Americans fit in 
this thing, Dr. Glock?
    Dr. Glock. There is significant contracting benefits for 
some Native Americans and some Native-American tribes, but 
there has been a lot of evidence that, of course, the actual 
beneficiaries, they are a small group of owners, and the 
benefits rarely flow down to the actual disadvantaged Native 
Americans.
    Mr. Gosar. Thank you. I yield back.
    Mr. Grothman. Thank you. Ms. Randall? Oh, she is not here. 
Mr. Bell.
    Mr. Bell. Thank you, Mr. Chair, Ranking Member, for our 
witnesses for being here today.
    The terms ``diversity,'' ``equity,'' and ``inclusion,'' or 
DEI, have been thrown around today as if we are speaking on 
some looming threat to America, as if DEI has some hockey mask 
on, committing heinous crimes in our communities, and 
destroying our work force and gutting our economy, and to Mr. 
Chairman's point, we did our DNA in our family. We got a little 
Irish in us, too, but it was not voluntary. And so, I am going 
to take this from a little bit of a different angle or 
perspective and speak on the history and impact or the lack of 
protections for diversity initiatives
    So, why they came about in the first place, because it 
seems really convenient that you all are kind of missing that 
whole point of where we came from, and so let us be real where 
it came from: racism, right? And this country that we all love 
has a history of racism: racism toward the very individuals 
that make up our diversity, racism toward those striving for an 
equitable society and an inclusive America because inclusion, 
that part of the DEI, that just means everybody. That means 
White folks, Black folks, Brown folks, everybody. So, racism 
did not begin with one man on Pennsylvania Avenue, although he 
kind of leans into it a little bit, in my opinion, but instead 
has been embedded in our very creation as a Nation.
    So, some of you may be naive to think that the trails of 
racism that have plagued our Nation ended when Black soldiers 
were able to give their lives in the Civil War or with the 
signing of the Emancipation Proclamation. But even in the 
1860s, Black American veterans returned home not to honor and 
reward, but to terror and violence, denied pensions, denied 
land, lynched, terrorized. This is the grim reality of Black 
history in America, and that is intertwined today as we see 
Black families face ongoing struggles. My grandfather's 
grandfather was a slave. Like, that is not that long ago.
    And so, I want to talk about three quick things: housing, 
healthcare, and criminal justice. So, let us wrap our heads 
around this because you were bringing that up, Dr. Smith. In 
the 1930s, the Federal Government created the Homeowners Loan 
Corporation, and it was so folks could buy soon-to-be 
foreclosed mortgages, own mortgages, refinance them into new 
government mortgages so people could keep their homes. You 
know, who was not included in that? Dr. Harper, do you know?
    Dr. Harper. Yes. Black people.
    Mr. Bell. Yes. In 1939, Black Americans fought and died in 
World War II, in every war in this country. Are you familiar 
with the Servicemen's Readjustment Act of 1944, Mr. Lennington?
    Mr. Lennington. No, sir.
    Mr. Bell. That is the GI Bill. Mr. Harper, help me out 
here. Who did not get access to the GI Bill?
    Dr. Harper. Black people.
    Mr. Bell. Yes. Okay. So, Mr. Lennington, you said that the 
law is colorblind. I do not think that you completed that 
thought. The law should be colorblind. Is that what you 
intended to say?
    Mr. Lennington. I think the GI Bill applies to all 
Americans, right.
    Mr. Bell. That is not what I asked you. The law should be 
colorblind, right?
    Mr. Lennington. Absolutely.
    Mr. Bell. Because the law has not been colorblind, and then 
I will ask you too just for clarification purposes, racism is 
illegal, right?
    Mr. Lennington. Racism is illegal.
    Mr. Bell. I will take that as a yes. Now, I am a data 
person. A lie does not care who tells it, right, but facts and 
actual data, you cannot get around that one. So, let us talk 
about, you know, how we got here. So, GI Bill, veterans fought, 
they are denied that. They cannot get the low-cost mortgages, 
payments for tuition, living expenses, and you know how 
historically most Americans built their wealth? Housing. The 
Fair Housing Act, also known as Title VIII of the Civil Rights 
Act of 1968, was enacted to address and prevent discrimination 
in the sale, rental, and financing of housing. And you know the 
Black ownership rate compared to White folks? Do you think it 
is even, Mr. Lennington?
    Mr. Lennington. There are large disparities in many areas.
    Mr. Bell. Huge disparities, 75 percent to 46 percent. Black 
residents are less likely to own homes. When they do 
successfully own a home, it is often devalued when being 
appraised compared to a similar home owned by a White 
counterpart. So, let us talk about healthcare quickly. You know 
about the Tuskegee study on syphilis? That Black folks were 
experimented on for 40 years?
    Mr. Lennington. Yes.
    Mr. Bell. You are familiar with that?
    Mr. Lennington. Yes.
    Mr. Bell. Criminal justice. In Missouri, Black men make up 
eight percent of Missouri's population but 45 percent of the 
jail population. So, when we talk about health disparities, 
when we talk about housing, when we talk about criminal 
justice, all of these things are the reason why diversity 
initiatives came about. And so, if we disregard those things 
and leave things as they were, guess who suffers? Black folks, 
Brown folks, minority folks suffer all the time. So, I think my 
colleague said we can keep doing the same things and expect 
different outcomes, but for Black folks and Brown folks and 
minority folks, that means we get screwed over, over, and over.
    And I think you made a quote that I wrote down, which I 
thought was interesting, ``Racism impacts the hearts and minds 
for years to come,'' right? And so, I do not think it is White 
males because Dr. Harper gave us some data that you cannot get 
around that White males are represented very well, and I am 
fine with that. Many of my good friends are White males. God 
bless them, too. But my god, what are we talking about here?
    So, you know, I will close on this, and I see I am getting 
a hook, and I appreciate the Chairman for giving me a little 
bit of latitude. If we know that this impacts people for 
generations and we know that Black folks and Brown folks have 
been discriminated against for generations, shouldn't we be 
doing something about it? I yield back my time.
    Mr. Grothman. Mr. McGuire.
    Mr. McGuire. Thank you, Mr. Chairman. Thank you to our 
witnesses for being here today.
    You know, when I was growing up, our country, we were told 
it was the melting pot. We live in a great country. Our country 
is the greatest country because we were founded on the belief 
of meritocracy, and I think everyone in the audience would 
agree with this statement. Isn't it great we live in a country 
where a man or a woman regardless of party, race, religion, or 
creed can work hard and achieve just about anything? And we 
could go on and on with many examples of people of all those 
different backgrounds succeeding in this country, where they 
would not have a possibility of succeeding in other countries.
    What is so wonderful about our country is we are born with 
our God-given rights. They cannot be taken away. And because we 
are a republic and not a democracy, we are a republic with 
representatives, even the minority has a voice. If it was a 
strict democracy, only those in power would have a voice, but 
your rights that you are born with cannot be taken away whether 
your party is in power or not, but DEI is very harmful. It 
divides Americans even further and promotes racism and sexism. 
To me, DEI stands for ``didn't earn it.''
    I am glad this hearing has been brought up. President Trump 
and House Republicans have done a lot of work rolling back 
President Biden's disastrous DEI policies. As a Navy SEAL, as a 
veteran, if somebody saved your life on the battlefield, you 
would not care about their party, their race, religion, or 
their creed. We are all Americans. We should be able to 
disagree without being disagreeable, but the law should be 
colorblind. And again, I heard my colleague talk about if 
somebody was to do surgery on you, you would want meritocracy. 
You would want the best surgeon to save your life or your loved 
one's life.
    I also heard a colleague talk about diversity, but he did 
not talk about the ``E,'' the equity, or the ``I,'' inclusion. 
Everybody here loves the idea of diversity, but I do not care 
what color your skin is. If you are the best doctor, that is 
the doctor that I would want for my family. But the problem 
with the complete statement of DEI is the equity part, equal 
outcome. You put in 28 years of your life to be a great 
musician or a surgeon, and someone just says, hey, I am a 
surgeon and I have the same outcome. It is not right. In fact, 
it is Marxist. It destroys innovation and motivation.
    I am soon going to be introducing legislation, by the way, 
that will prevent public utility commissions from authorizing 
rate recovery for utility or business entity for return on 
equity if such entities' business model or operations is 
governed by framework based on environmental, social, and 
governance (ESG) or DEI or similar social or environmental 
agendas. DEI or ESG frameworks have incorporated into 
businesses' models of countless utility companies operating 
across America. These frameworks typically force utility 
companies to procure a portion of their power from renewable 
energy sources and dedicate a percentage of procurement from 
minority-owned companies. This drives up operation costs, which 
drives up the rates charged to their customers. Rate payers are 
forced to procure utility services through these companies, 
hence why they are textbook examples of waste, which 
unnecessarily hikes up costs. Since many of these companies 
operate across state lines or obtain power from other states, 
it is the duty of the Congress to act.
    My first question for each of you, yes or no: do you 
believe DEI is rooted in Marxist ideology? Mr. Lennington, yes 
or no?
    Mr. Lennington. Yes.
    Mr. McGuire. Dr. Smith?
    Dr. Smith. Yes.
    Mr. McGuire. Dr. Glock?
    Dr. Glock. A similar ideology of complete equity, yes.
    Mr. McGuire. And Dr. Harper?
    Dr. Harper. I do not know what you mean.
    Mr. McGuire. No worries. All right. Now, I have another 
question for each of you. If you had to have a heart surgery, 
again, would you rather have a doctor who studied the hardest 
in school and was the most qualified to perform the surgery or 
a doctor that was in that position because of their race or 
gender? Which one would you rather have? Mr. Lennington?
    Mr. Lennington. I would prefer a well-qualified physician.
    Mr. McGuire. Dr. Smith?
    Dr. Smith. At the risk of not keeping it real, I want the 
best physician.
    Mr. McGuire. Dr. Glock?
    Dr. Glock. The best physician.
    Mr. McGuire. And Dr. Harper?
    Dr. Harper. Are only the best physicians White?
    Mr. McGuire. I do not care what their color is.
    Dr. Harper. That was not the question.
    Mr. McGuire. Okay. Yes or no, do you agree with Dr. Martin 
Luther King's statement that people should be judged by the 
content of their character, not the color of their skin? Mr. 
Lennington?
    Mr. Lennington. Absolutely.
    Mr. McGuire. Dr. Smith?
    Dr. Smith. Yes.
    Mr. McGuire. And Dr. Glock?
    Dr. Glock. Absolutely.
    Mr. McGuire. And Dr. Harper?
    Dr. Harper. Martin Luther King would absolutely be 
repulsed, repulsed by the politicized attacks on diversity, 
equity, inclusion.
    Mr. McGuire. So, you are not going to say yes or no? Yes or 
no. You got to say yes or no.
    Dr. Harper. No, no. Listen, I am telling you right now----
    Mr. McGuire. Well, I got to move on to the next question.
    Dr. Harper. Are you advocating hiring or promotion based on 
character?
    Mr. McGuire. We are out of time here. We are out of time.
    Dr. Smith. He would also be repulsed by the lack of 
classical values DEI gets rid of.
    Mr. McGuire. ``DEI'' stands for didn't earn it, and the 
answer was yes or no.
    Dr. Harper. Are we hiring people based on skills and 
experiences, or are we hiring them based on character?
    Mr. McGuire. It should be quality and not race and sex.
    Mr. Grothman. It is clear he does not want to answer the 
question. Why don't you go on to the next one?
    Mr. Bell. No, he was asking for clarification. I think that 
is fair.
    Mr. Grothman. If you want to get a one-word answer, that is 
fine. Otherwise, we will go to the next question.
    [No response.]
    Mr. Grothman. Okay. We will go to the next question.
    Mr. McGuire. Thank you, Mr. Chairman.
    Mr. Grothman. Ms. Simon.
    Ms. Simon. Thank you, Mr. Chair. This is a very, very 
difficult conversation. I am a great granddaughter of someone 
who had a literal yoke on her neck, a literal yoke, and I will 
give the 4-and-a-half minutes of my time to my people from 
Malvern, Arkansas, from those fields. And I want to be clear 
that four out of the five of you last year posted on your 
social media the words of Dr. King, and there are so few folks 
who actually have studied, who are clear on the theology of 
freedom of King. Very few of you have read and studied and have 
sat in Ebenezer Baptist Church. So, I would ask you, you keep 
Dr. King's name out of your mouth.
    If you, like me and the many scholars who will be watching, 
studied King, you know that he and the mothers and the fathers 
of the Civil Rights Movement and of the movement for 
emancipation not only would be struck by the conversations in 
this room, but would be shattered by the consequence of lies, 
of hatred, of abuse of this Administration in the name of folks 
who worked to make this country more free, children of Abraham, 
for real. I want to be clear for the young people that are 
listening today here in this audience, this conversation is not 
about an acronym. It is just not. It is just not. This is a 
conversation, it is an attack. It is an attack on what you see 
right here.
    Now, see who is on this side of the dais? This was never 
the plan. It was never the plan to have people of color in 
positions where they would be able to speak from this place. In 
fact, folks had to fight tooth or nail to gain access to the 
front door to this Capitol. I want to be very clear about that. 
Today's hearing says quietly and actually out loud who the 
Majority believe is allowed to belong in this country. They use 
Dr. King's name in deep vain, who has a place in the hierarchy 
that was never meant to be questioned.
    The Majority is leading a coordinated effort, I want to be 
clear, to push us back to a segregated America based on race, 
based on ethnicity, based on national origin, based on sex, 
based on sexual orientation and gender identity, and 
disability. Inclusion as a disabled woman? They have been very, 
very clear: including folks who look different than the 
standardized White man in this country, folks who are disabled, 
folks who love differently, those folks should not be at the 
center of power. That is the plan. They are motivated by a 
fear, a fear of a multiracial and a multicultural democracy, a 
fear that freedom of coequal citizens living as their authentic 
selves with pride, and a fear they have, a fear of 
accountability. We must name this conversation today for what 
it truly is. It is a bigotry. It is a hypocrisy.
    Republicans, like I said before, will quote Dr. King all 
day, will bring forth Lincoln and will talk about Frederick 
Douglass, in the same breath that they are gutting civil rights 
offices in our government, in the same breath where they seek 
to ban AP African American Studies that tells the true story of 
this country. It ain't just one story, it is a complete story, 
but folks on this dais do not want you to learn it. The 
hypocrisy from the Republicans is not only shameful, it is 
anti-American. President Trump and others have purged more than 
275,000 Federal workers through mass terminations and unlawful 
firings while--check this out--preparing draft hiring guidance 
that would screen job applicants for political loyalty to the 
Administration rather than the Constitution.
    The Trump Administration put 500,000 qualified Federal 
workers with disabilities' jobs at risk. Half of those are 
veterans. The Trump Administration has forced out transgender 
service members who have served their country with loyalty and 
love, while elevating dangerously unqualified news anchors to 
lead our Nation's Defense Department. The Trump Administration 
rewards loyalty over expertise, obedience over justice. These 
attacks are central to a broader agenda--let me just finish 
this one sentence--that criminalizes protests, that bans books, 
that erases history, and redefines its national identity in 
narrow and violent terms. A 1950s America is what the goal of 
this conversation is, and some of us say, hell no. I yield.
    Mr. Grothman. Mr. Gill.
    Mr. Gill. Thank you, Mr. Chairman. Thank you for holding 
this hearing, and thank you to all of the witnesses for taking 
the time to be here. We certainly really appreciate it. Dr. 
Harper, I have got a couple of questions for you. Just starting 
out, do you believe that ageism is a form of bigotry?
    Dr. Harper. Yes.
    Mr. Gill. You do. Yes, I thought so because you wrote an 
article saying that ageism in media discourse about Biden's 
reelection is an issue. Do you still believe that ageism was an 
issue in the past election cycle?
    Dr. Harper. I believe that ageism, in any form and in any 
context, is a problem.
    Mr. Gill. Do you believe that Americans who are concerned 
about Joe Biden's age were bigoted?
    Dr. Harper. I did not say that in my article, nor do I 
claim that now.
    Mr. Gill. You said that ageism is a form of bigotry.
    Dr. Harper. Ageism is a form of bigotry, but I did not say 
that in my article. You cannot misrepresent my idea.
    Mr. Gill. Okay. Well, why don't you provide your 
explanation for that. Ageism is a form of bigotry. People who 
were concerned about Joe Biden's age were ageist. How do you 
square that?
    Dr. Harper. I am less concerned about Joe Biden's age. I am 
more concerned about young people and older Americans being 
systematically denied opportunities and access because of their 
age.
    Mr. Gill. Do you think that Joe Biden's age had a relation 
to his cognitive decline?
    Dr. Harper. That is outside of my area of expertise.
    Mr. Gill. Do you need to be an expert to determine whether 
an 82-year-old man is, who is clearly visibly declining 
mentally on camera, if that has anything to do with his age?
    Dr. Harper. I am not a cognitive scientist.
    Mr. Gill. You are not. Okay. Of course you are not. Do you 
think those Americans were right to be concerned about Joe 
Biden's age?
    Dr. Harper. Again, you are missing the point. The point is 
about the ageism itself. It is not about Joe Biden.
    Mr. Gill. Okay. We are going to move on. We are going to 
move on. Do you believe that America should be a colorblind 
society? For instance, should people be treated differently 
based on their race? It is just a yes or no question.
    Dr. Harper. It is not a yes or no question.
    Mr. Gill. It is a yes or no question.
    Dr. Harper. As I said in the beginning of my testimony, 
America has not done right by indigenous peoples, by Black 
people, by Asian-American and Pacific-Islander people.
    Mr. Gill. Should people be treated differently based on 
their race? Yes or no.
    Dr. Harper. People should receive the services and the 
support and the remedies that are owed to them.
    Mr. Gill. So, your answer is that they should be treated 
differently based on their race.
    Dr. Harper. They should receive the remedies that are owed 
to them because of the systemic racism and justice.
    Mr. Gill. Do you believe that race should be considered in 
employer hiring practices?
    Dr. Harper. I do not believe that White people are the only 
qualified people for jobs.
    Mr. Gill. I did not say that. Nobody said that. I asked you 
if race should be considered an employer hiring practices, and 
you are not going to intimidate me by slandering me as a 
racist.
    Dr. Harper. I did not call you a racist. You are not going 
to intimidate me by insisting that I called you a racist.
    Mr. Gill. I am asking you a straightforward question. It is 
a ``yes'' or ``no'' question. Should race be considered an 
employer hiring practices? Yes or no?
    Dr. Harper. I believe that diversity ought to be considered 
as companies and other organizations attempt to represent their 
customers, their country.
    Mr. Gill. I will take that as a yes. I will take that as a 
yes. Which race do you think should be preferred?
    Dr. Harper. I do not think that a single race should be 
preferred.
    Mr. Gill. Well, you just said that you believe that race 
should be considered in employer hiring practices.
    Dr. Harper. I do not know. There is going to be a 
transcript of this hearing. I did not say that in that way.
    Mr. Gill. Okay. Why don't you explain what you believe?
    Dr. Harper. What I said and what I believe is that the 
demographic composition of workplaces, our Nation's military--
--
    Mr. Gill. By demographic composition.
    Mr. Harper [continuing]. And so on, our Congress, ought to 
reflect the diversity of the United States of America.
    Mr. Gill. The racial demographic composition. Racial 
demographic, is that what you are saying?
    Dr. Harper. Racial, gender.
    Mr. Gill. Okay. So, race should be a factor in employer 
hiring practices. That is what you are saying, is it not?
    Dr. Harper. Organizations ought to attempt to match the 
diversity of----
    Mr. Gill. You are hopping around the question. You do not 
want to answer that.
    Dr. Harper. No, I am answering quite straightforwardly, as 
a matter of fact.
    Mr. Gill. Who gets to determine which races are preferred?
    Dr. Harper. I already told you I do not have a single 
racial group that ultimately----
    Mr. Gill. You just told me that you believe that the racial 
demographic makeup should be taken into account in hiring 
practices.
    Dr. Harper. And it should be reflected in all levels of 
companies and other organizations.
    Mr. Gill. Okay. Let us talk about college admissions. If 
two different children are applying for college, let us say one 
is White and one is Black, and there is one slot available. 
Should they be evaluated based on the same objective criteria, 
test scores, for instance?
    Dr. Harper. Are you familiar with holistic admission?
    Mr. Gill. Should they be held to the same standards 
regarding test scores? It is a ``yes'' or ``no'' question.
    Dr. Harper. I am a proponent of holistic admissions.
    Mr. Gill. It is just a ``yes'' or ``no'' question.
    Dr. Harper. Yes. No, I cannot answer that question for you 
as a proponent of holistic admissions.
    Mr. Gill. Got it. I will take that as a no. Thank you, Mr. 
Chair.
    Mr. Grothman. Ms. Randall.
    Ms. Randall. Thank you so much, Mr. Chair. You know, I 
stepped out of this Committee for a while to go my Natural 
Resources markup, and I think we began this Committee with 
Ranking Member Krishnamoorthi's question about where the words 
``healthcare,'' ``financial services,'' and ``oversight'' were. 
And I have the same question now because what a wild ride it 
was to walk into a committee and have a discussion about ageism 
and President Biden.
    You know, this Committee has had some really meaningful and 
interesting discussions about health equity and the financial 
instruments we use to ensure we are reaching people, and I have 
really enjoyed the discussion that we had about the marriage 
penalty and how we need to lower barriers for families from 
forming in the way that is right for them. There is no reason 
to have an unnecessary barrier if a family wants to get married 
when they have children, and they should not be kicked off of 
the support that is allowing them to thrive just because they 
get married because that costs the American people more in tax 
dollars in the long run if their child gets on public 
assistance because they have higher ASA scores. I am sure many 
of us have dug into the social determinants of health. And I 
also know that, you know, Chair Grothman, you are really 
dedicated to ensuring that we are supporting families forming 
and more children being born in this country. I know that is a 
priority of you as a Chair and certainly of our Vice President 
and many in this Administration.
    So, I have a question for our panelists, and anyone who 
knows, please feel free to chime in. Does anyone know the 
maternal mortality rate for Black women as compared with White 
women in this country?
    Mr. Lennington. I just know it is much higher.
    Ms. Randall. Much higher?
    Mr. Lennington. Yes.
    Ms. Randall. Yes. Dr. Harper, you had your hand up?
    Dr. Harper. Yes, I was going to say that for Black women 
and for indigenous women, it is exponentially higher than for 
White women, as a matter of fact.
    Ms. Randall. Yes. I think the last data I found had 50.3 
deaths per 100,000 for Black, non-Hispanic women and 14.5 
deaths per 100,000 for White women, non-Hispanic, non-
indigenous women. That is pretty crazy, isn't it? And another 
question: does anyone know the rates of Black women obstetrics 
and gynecology professionals (OB/GYN)s as compared to White 
women OB/GYNs in this country? No?
    Mr. Lennington. I have done some work in health equity and 
understand that there are very few Black OB/GYN females.
    Ms. Randall. Yes. So, it is about eight percent to eleven 
percent as compared with 68 percent. Now, it seems like there 
has not been a lot of study from members on this panel on this, 
certainly majority witnesses on this correlation, but it is 
there. Like, that data is there. We know that when individuals 
have providers that share their life experience, that 
understand the challenges that they face, that share cultural 
connectivity, we have higher health outcomes. That data exists, 
and we have seen incredible work in states that have pushed to 
lower their maternal mortality rates by increasing 
representation of providers of color. You can roll your eyes 
all you want. I see some eye rolls on the panel, but it is 
true.
    And if we allow one party in this country to wage a war on 
DEI by calling it reverse racism but let Black women die in 
this country, let Hispanic women die, let indigenous women die, 
we are not going to have the babies that we so clearly want to 
ensure that our country has. And, you know, I am not a mother, 
but I am a queer woman of color who has grown up in this 
country, who has watched my family grow up in this country, who 
has watched my dad, a brown-skinned man named Dave, be called 
``Jose'' because that is what his White peers saw him as. And I 
think if we do not open our eyes to the truth about who is 
dying and who is living, then we are failing the American 
people. I yield back.
    Mr. Grothman. Okay. I will ask unanimous consent that 6 
additional minutes be equally distributed to both sides, which, 
as a practical matter means 3 minutes for myself and 3 minutes 
for Mr. Krishnamoorthi, so in any event, then I ask unanimous 
consent that 6 additional minutes be equally distributed to 
both sides without objection.
    Nobody is objecting. So ordered.
    I will go first here. Dr. Smith, one of the things I find 
interesting about this discussion is the idea that your value 
as an employee would be determined by where your ancestors come 
from. In other words, the implication being that there is an 
Asian way to be an engineer, and a Hispanic way to be an 
engineer, and a Northern European way to be an engineer. Could 
you comment on that ideology that your value of employee or the 
way you think as an employee comes down to, I guess, where your 
great-great-grandparents are from?
    Dr. Smith. I can tell you about some egregious examples in 
academia, but first I want to talk about this concept of 
colorblindness and the fact that colorblindness or the idea 
that colorblindness is inherently racist that comes from the 
DEI proponents that I have had interest with. If you tell 
people that colorblindness is a bad thing, you are telling them 
what to think of me without my say. If you tell somebody to 
look at a Black person and say, well, they are Black, you need 
to look at them differently, you are telling them to look at me 
differently without my say. You cannot erase individuality, 
individual sovereignty from this. Yes, we are parts of groups, 
but we are also, and perhaps primarily, individuals.
    To answer your question more directly, there are some 
egregious pedagogies out there that I think we need to talk 
about, like ethnomathematics, for example, the idea that Black 
kids learn math differently from White kids, and, therefore, we 
need Black math. That is stupid. I am going to be simple about 
it. It is really stupid. The idea that getting the right answer 
is somehow inherently White is stupid. The idea that having the 
teacher be the person with the most authority and knowledge in 
the room be a bad thing is stupid. Ethnomathematics, there is 
ethno-composition. You write differently if you are Black. All 
these things are there to divide us in certain ways, and I see 
through it, and for that, I have been attacked.
    Mr. Grothman. Thank you. Now I will give a question to any 
one of the three on the left. We have brought out today that 
this kind of affirmative action policy began in earnest, it was 
run informally before that, but in earnest in 1965, and there 
are outright businesses that have sprung up telling companies 
who to hire and who to promote and whatnot. I have talked to 
people in these businesses. As a practical matter, have these 
laws in 1965 resulted in discrimination since that time? In 
other words, are firms told to hire this person or that person? 
Particularly, we talk about race today, but it is very much 
with regard to women as well since 1965. Mr. Glock, you want to 
take a crack at it?
    Dr. Glock. All right. Yes, there have been significant 
effects across the entire economy of the United States because 
of these laws changing how businesses compose their work force, 
changing how they contract or subcontract out to others, and of 
course, as I have been----
    Mr. Grothman. I am running out of time here. Does it result 
in discrimination based on sex in which men are discriminated 
against in 1965?
    Dr. Glock. Absolutely.
    Mr. Grothman. Thank you. Okay. I will ask Mr. Lennington, 
too, because he is a lawyer and deals with this stuff.
    Mr. Lennington. Definitely the affirmative action, 11246, 
did result in discrimination. I would say the Civil Rights Act 
itself of 1964 is colorblind, though.
    Mr. Grothman. Okay. Thank you. Now, Mr. Krishnamoorthi.
    Mr. Krishnamoorthi. Sure. Let me give Dr. Harper a chance 
to answer that question, then I have a couple of others.
    Dr. Harper. Sure. The answer is, yes, White women have been 
the biggest beneficiaries.
    Mr. Krishnamoorthi. Well, let me just turn my attention to 
one issue, which it blows my mind, that in the name of DEI, we 
would get rid of the LGBTQ national suicide hotline, which 
receives 1.3 million calls and texts. And there are people who 
are specialized, and this was created during the Trump 
Administration. This is not some kind of liberal Democrat who 
created this particular hotline. But in the name of DEI, we are 
getting rid of a hotline, and as a consequence, people are 
going to D-I-E. They are going die. And LGBTQ youth are at 
elevated levels of risk for suicide, four times, according to 
the Trump Administration CDC.
    Again, this is not the Biden Administration, this is the 
Trump Administration. My colleagues, to their credit, 
Republicans Lawler and Kim wrote a letter asking, pleading, 
saying, please do not end this suicide hotline in the name of 
expunging DEI. We are getting rid of this hotline. That is 
idiocy. That is not excellence. So, when we are going to talk 
about sacrificing excellence in the name of DEI, I respectfully 
disagree in the context of not only getting rid of this 
program, the national suicide hotline for LGBTQ youth, but 
there are countless others.
    Now, let me ask a question of Dr. Harper. If we did not 
have slavery, if we did not have Jim Crow, if we did not have 
discrimination of any kind, I do not think there would be 
necessarily a need for some of the efforts that have existed 
since the time of Jim Crow to address some of the issues that 
came about because of those prior, what I call, original sins 
of America.
    Dr. Harper. Yes, that is right.
    Mr. Krishnamoorthi. What is your opinion on this?
    Dr. Harper. Yes, that is right, but to be sure, they are 
not only historical, they are also contemporary. Women continue 
to receive unequal pay for equal work. LGBTQ people continue to 
be discriminated against because of who they love. People with 
disabilities continue to not receive the support and the 
accommodations that they need in the modern time. So, this is 
not just historical, it is also contemporary.
    Mr. Krishnamoorthi. Thank you. I have a few seconds. I 
would like to yield to Ms. Randall.
    Ms. Randall. Thank you, Mr. Chair. I will just ask for 
unanimous consent to enter a couple of articles into the 
record. First, a Brookings article on who uses legacy 
admissions, I think, apropos to our earlier conversation about 
whether or not we are actually colorblind in admissions pre-
affirmative action. And also, a Forbes article from 2015 that I 
think speaks to one of our panelist's points about whether or 
not there is a way to be a Black engineer or a White engineer: 
``Google Photos Tags Two African Americans as Gorillas.'' Thank 
you.
    Mr. Krishnamoorthi. Well, thank you, Mr. Chair, for 
convening this hearing. Thank you to all of our witnesses for 
taking precious time out of your busy schedules. Thank you to 
our Members for joining. But I just return to something very 
basic, which is this Committee has in its title, it is the 
Health Care and Financial Services Subcommittee of the 
Oversight Committee. The more that we talk about subject matter 
outside the confines of what this Subcommittee is really 
directed to, the less I believe that we are going to be able to 
come together in performing our oversight roles, and today's 
topic of DEI is a prime example of what we should not be doing 
on this Subcommittee.
    I hope that we can return to a time where we can do 
bipartisan joint oversight with regard to issues squarely 
within the jurisdiction of this Subcommittee, for instance, 
going after illicit vapes, which continue to plague the 
landscape and addict millions of teenagers to tobacco and to 
nicotine; going after practices or companies or entities that 
might poison our baby food with toxic heavy metals; going after 
those people who might prey on our youth through Big Tech. The 
list goes on and on but doing oversight in a way that where we 
can come together as Republicans and Democrats and do the 
people's business because today, I do not think we are doing 
the people's business. I think today, unfortunately, we are 
going down a rabbit's hole in terms of a narrative that is not 
true and, second, that serves to divide, not unite, and now 
more than ever, we need to come together.
    I will just close with this. Yesterday, we had a resolution 
on the Floor condemning political violence and condemning what 
happened in Minnesota with regard to the assassinations of 
elected officials and others. Republicans and Democrats came 
together on this particular resolution. My name happened to be 
in the shooter's notes, and I spoke on the Floor as well. One 
of the things I said is this debate, this discussion that we 
had yesterday, was actually exemplary in terms of the civil 
dialog that we had, Republicans and Democrats coming together, 
and how if we could just replicate that on all of our 
committees and in our committee work, how much better off we 
would be as a country. And so, I just respectfully submit if we 
could potentially follow that lesson here on this Subcommittee, 
we will be doing wonders for our country. Thank you and I yield 
back.
    Mr. Grothman. Okay. Thank you. It is a long biennium. As I 
have told you, there are a variety of health-related issues and 
finance-related issues people get around to, but the Chairman 
of the Oversight Committee has given me broad discretion as to 
what we take up here. The reason I took up this topic is 
because I think it leads to division. I think intentionally it 
leads to division as we have been educating young people that 
we have a racist society and we should all view ourselves as an 
ethnic group, constantly fighting with each other. I think that 
would destroy our country. I think some of the other Members of 
this Committee have pointed out when they talk about Marxist. I 
think they talk about it in a little bit different way than I 
do.
    I think it is trying to destroy our country, particularly 
at a time when we have so many immigrants who are people of 
color from all around the world to have a bureaucracy that is 
educating people that they should walk around with a chip on 
their shoulder. And I think on the face of it, the successes of 
people of color from around the world who come here, be it from 
Africa, be it from North Africa, be it from the Pacific, what 
have you, would indicate that everybody can make it in America. 
And I think people who talk about how horrible things are wind 
up only hurting the people who have to breathe this stuff in.
    I also tried to point out that diversity is not determined 
by where your ancestors come from, Okay? Everybody lives in 
different backgrounds, has different parents, and insofar as 
there is an ethnic view of engineering or an ethnic view of 
medicine, well, that is kind of absurd on its face, right? I 
mean to say that, what do you as a Black man, how would you 
approach being a dermatologist or maybe how you would approach 
as being an OB/GYN is a little bit ridiculous. There is a right 
way or wrong way under the medical literature how to do things.
    I did want to bring this up because I think if we are going 
to move forward in a Nation, we have to look at the last 60 
years and the degree to which preferences have been given. I 
was glad Dr. Harper brought up that the preferences frequently 
benefit women. But in any event, the fact that the preferences 
are out there should destroy any public perception that I think 
the Democrat Party is trying definitely to promote. I know 
President Biden talked a lot about White men and White male 
supremacy and that sort of thing, which I think was incredibly 
divisive, but I wanted to talk about the law in the past 
because, ultimately, I want young people to know that is a lot 
of bunk, right? And we have actually had, what I will call, 
reverse discrimination, including a lot of reverse 
discrimination for women, as Dr. Harper pointed out, over the 
last 60 years.
    In any event, I would like to thank the four of you for 
being here today. I hope we all do what we can to educate the 
public on the effect or the laws that have been out there over 
the last 60 years so they do not come here from other countries 
and think that we have this horrible, racist country, which it 
is not. I think a lot of that evidence can be shown in the wild 
success that people who have come here from all over the world 
have in our country. I think we also should look at some of the 
absurdities of this law, which shows why we should get it 
behind us, the fact a person can come from a family of multi-
millionaires, but if I am a person of color, I am considered 
disadvantaged, which is ridiculous. I can be one-quarter 
Mexican and be considered disadvantaged, which is ridiculous.
    And I do, as one of the Democrats pointed out, I do think 
it is very good or a huge benefit in life if you come from a 
strong, stable family background. There are wonderful parents 
of all types, but I think people who want to help other 
Americans rise would do better on educating people or focusing 
on telling people the importance of trying to provide a good, 
strong family for every American. And I do not think enough 
time has been devoted to that, and, indeed, people like to hide 
that benefit that people get in life.
    But in any event, I would like to thank Mr. Krishnamoorthi 
for being here. I think in the future, we will try to give you 
some nice medical issues to deal with, and I would like to 
thank the four of you. I know this is a potentially 
controversial issue. You have dipped your toes in it and I 
appreciate doing that, and I hope you use your careers to 
educate the public on kind of the danger of educating young 
people that expectations of society is based on where your 
great-grandparents came from rather than what you do.
    So, thank you and, oh, I got to say, with that and without 
objection, all Members have five legislative days within which 
to submit materials and additional written questions for the 
witnesses, which will be forwarded to the witnesses.
    If there is no further business, without objection, this 
Subcommittee stands adjourned. Thank you for being here.
    [Whereupon, at 11:37 a.m., the Subcommittee was adjourned.]

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