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H.R. 3838IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 901 · H.R. 3838

Prohibition of diversity, equity, and inclusion programs of the Department of Defense

Division A — Department of Defense Authorizations › Title IX — Department of Defense Organization and Management › Subtitle A — Office of the Secretary of Defense and Related Matters

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No wording changed between Committee version and Passed the House.

How the text changed

Committee version · Sec. 901

(a) Repeal of reporting requirements on diversity and inclusion Section 113 of title 10, United States Code, is amended— (1) in subsection (c)— (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) in subsection (g)(1)(B)— (A) by striking clause (vii); and (B) by redesignating clauses (viii), (ix), and (x) as clauses (vii), (viii), and (ix), respectively; and (3) by striking subsections (l) and (m) and by redesignating subsections (n) and (o) as subsections (l) and (m), respectively. (b) Repeal of chief diversity officer Section 147 of title 10, United States Code, is repealed. (c) Repeal of program on diversity in military leadership Section 656 of title 10, United States Code, is repealed. (d) Prohibited diversity, equity, and inclusion practices (1) In general Except as provided in paragraph (2), the Secretary of Defense may not— (A) maintain an office relating to diversity, equity, inclusion, or accessibility or any substantially similar office; (B) maintain or employ a chief diversity officer or a substantially similar officer; (C) develop, implement, distribute, or publish— (i) plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility; (ii) action plans, reports, or surveys relating to equity or substantially similar plans, reports, or surveys; (D) develop, implement, or maintain an employee resource group or an affinity group based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity; (E) develop, implement, or maintain an agency equity team or a substantially similar team; (F) develop, implement, distribute, publish, establish, or purchase— (i) a training course relating to— (I) diversity; (II) equity; (III) inclusion; (IV) a critical theory relating to race, gender, or otherwise; or (V) intersectionality; or (ii) a training course substantiality similar to a training course described in clause (i); (G) develop, implement, or maintain a diversity, equity, inclusion, and accessibility data dashboard or a substantially similar data dashboard; or (H) maintain or employ a position relating to diversity, equity, inclusion, or accessibility. (2) Rule of construction Nothing in paragraph (1) shall be construed to prevent the Secretary of Defense from maintaining or operating— (A) Equal Employment Opportunity offices as historically organized and operated within the Department of Defense; or (B) an office enforcing the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or offices as historically organized and operated within the Department of Defense.

•HR 3838 RHSEC. 901
Passed the House · Sec. 901

(a) Repeal of reporting requirements on diversity and inclusion Section 113 of title 10, United States Code, is amended— (1) in subsection (c)— (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) in subsection (g)(1)(B)— (A) by striking clause (vii); and (B) by redesignating clauses (viii), (ix), and (x) as clauses (vii), (viii), and (ix), respectively; and (3) by striking subsections (l) and (m) and by redesignating subsections (n) and (o) as subsections (l) and (m), respectively. (b) Repeal of chief diversity officer Section 147 of title 10, United States Code, is repealed. (c) Repeal of program on diversity in military leadership Section 656 of title 10, United States Code, is repealed. (d) Prohibited diversity, equity, and inclusion practices (1) In general Except as provided in paragraph (2), the Secretary of Defense may not— (A) maintain an office relating to diversity, equity, inclusion, or accessibility or any substantially similar office; (B) maintain or employ a chief diversity officer or a substantially similar officer; (C) develop, implement, distribute, or publish— (i) plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility; (ii) action plans, reports, or surveys relating to equity or substantially similar plans, reports, or surveys; (D) develop, implement, or maintain an employee resource group or an affinity group based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity; (E) develop, implement, or maintain an agency equity team or a substantially similar team; (F) develop, implement, distribute, publish, establish, or purchase— (i) a training course relating to— (I) diversity; (II) equity; (III) inclusion; (IV) a critical theory relating to race, gender, or otherwise; or (V) intersectionality; or (ii) a training course substantiality similar to a training course described in clause (i); (G) develop, implement, or maintain a diversity, equity, inclusion, and accessibility data dashboard or a substantially similar data dashboard; or (H) maintain or employ a position relating to diversity, equity, inclusion, or accessibility. (2) Rule of construction Nothing in paragraph (1) shall be construed to prevent the Secretary of Defense from maintaining or operating— (A) Equal Employment Opportunity offices as historically organized and operated within the Department of Defense; or (B) an office enforcing the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or offices as historically organized and operated within the Department of Defense.

•HR 3838 EHSEC. 901

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