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S. 1071IntroducedSenateHousePresidentLawBecame law
Sec. 901 · S. 1071

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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(a) Repeals and modifications 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; (3) by striking subsection (l); (4) by redesignating subsections (m) through (o) as subsections (l) through (n), respectively; and (5) in subsection (l), as so redesignated— (A) by striking Accompanying each national defense strategy provided to the congressional defense committees in accordance with subsection (g)(1)(D) and inserting On an annual basis; and (B) by striking provide a report and inserting submit to the congressional defense committees a report. (b) Repeal of Chief Diversity Officer Section 147 of title 10, United States Code, is repealed. (c) Repeal of program on diversity in military leadership Section 656 of title 10, United States Code, is repealed.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) Repeal of Inspector General oversight of diversity and inclusion in Department of Defense; supremacist, extremist, or criminal gang activity in the Armed Forces Section 554 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 141 note) is repealed. (e) Repeal of Senior Advisors for Diversity and Inclusion Section 913 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3802) is repealed. (f) 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 plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility, 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. (3) Accessibility defined In this subsection, the term accessibility has the meaning given that term in the Department of Defense Diversity, Equity, Inclusion, and Accessibility Strategic Plan for Fiscal Years 2022 and 2023, except such term does not refer to accessibility or other accommodations required under law for individuals with disabilities.