Work Not Woke Act

I 118TH CONGRESS 1ST SESSION H. R. 2712 To enact into law the requirements of the Executive order issued on Sep- tember 22, 2020, relating to Combating Race and Sex Stereotyping, to prohibit the use of Federal funds to carry out Executive Orders 13985, 14035, and 14091, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 19, 2023 Mr. HERN (for himself, Mr. BANKS, Mr. ELLZEY, Mr. VAN DREW, Mr. NOR- MAN, Mr. BABIN, Mr. DUNCAN, Mrs. HARSHBARGER, Mr. ROSENDALE, Mr. TIMMONS, Mr. OGLES, Mr. GROTHMAN, Mr. BISHOP of North Caro- lina, Mr. GOSAR, Mr. GOOD of Virginia, Mrs. MILLER of Illinois, Mr. NEHLS, Ms. GREENE of Georgia, Mrs. LESKO, Mr. ARRINGTON, Mr. WILSON of South Carolina, Mr. WALBERG, Mr. ROUZER, Mr. ALFORD, and Mr. FRY) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Com- mittees on Armed Services, and Education and the Workforce, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To enact into law the requirements of the Executive order issued on September 22, 2020, relating to Combating Race and Sex Stereotyping, to prohibit the use of Fed- eral funds to carry out Executive Orders 13985, 14035, and 14091, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2712 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Work Not Woke Act’’. 2 SEC. 2. DEFINITIONS. 3 For the purposes of this Act: 4 (1) AGENCY.—The term ‘‘agency’’ means any 5 department, agency, instrumentality, or establish- 6 ment of the executive branch of Government. 7 (2) DIVISIVE CONCEPTS.— 8 (A) The term ‘‘divisive concepts’’ means 9 the concepts that— 10 (i) one race or sex is inherently supe- 11 rior to another race or sex; 12 (ii) the United States is fundamen- 13 tally racist or sexist; 14 (iii) an individual, by virtue of his or 15 her race or sex, is inherently racist, sexist, 16 or oppressive, whether consciously or un- 17 consciously; 18 (iv) an individual should be discrimi- 19 nated against or receive adverse treatment 20 solely or partly because of his or her race 21 or sex; 22 (v) members of one race or sex cannot 23 and should not attempt to treat others 24 without respect to race or sex; 25 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2712 IH (vi) an individual’s moral character is 1 necessarily determined by his or her race 2 or sex; 3 (vii) an individual, by virtue of his or 4 her race or sex, bears responsibility for ac- 5 tions committed in the past by other mem- 6 bers of the same race or sex; 7 (viii) any individual should feel dis- 8 comfort, guilt, anguish, or any other form 9 of psychological distress on account of his 10 or her race or sex; or 11 (ix) meritocracy or traits such as a 12 hard work ethic are racist or sexist, or 13 were created by a particular race to op- 14 press another race. 15 (B) The term ‘‘divisive concepts’’ also in- 16 cludes any other form of race or sex stereo- 17 typing or any other form of race or sex 18 scapegoating. 19 (3) OMB.—The term ‘‘OMB’’ means the Office 20 of Management and Budget. 21 (4) OPM.—The term ‘‘OPM’’ means the Office 22 of Personnel Management. 23 (5) RACE OR SEX STEREOTYPING.—The term 24 ‘‘race or sex stereotyping’’ means ascribing character 25 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2712 IH traits, values, moral and ethical codes, privileges, 1 status, or beliefs to a race or sex, or to an individual 2 because of his or her race or sex. 3 (6) RACE OR SEX SCAPEGOATING.—The term 4 ‘‘race or sex scapegoating’’ means assigning fault, 5 blame, or bias to a race or sex, or to members of 6 a race or sex because of their race or sex. It simi- 7 larly encompasses any claim that, consciously or un- 8 consciously, and by virtue of his or her race or sex, 9 members of any race are inherently racist or are in- 10 herently inclined to oppress others, or that members 11 of a sex are inherently sexist or inclined to oppress 12 others. 13 (7) SENIOR POLITICAL APPOINTEE.—The term 14 ‘‘senior political appointee’’ means an individual ap- 15 pointed by the President, or a non-career member of 16 the Senior Executive Service (or agency-equivalent 17 system). 18 SEC. 3. REQUIREMENTS FOR THE UNITED STATES UNI- 19 FORMED SERVICES. 20 The United States Uniformed Services, including the 21 United States Armed Forces, shall not teach, instruct, or 22 train any member of the United States Uniformed Serv- 23 ices, whether serving on active duty, serving on reserve 24 duty, attending a military service academy, or attending 25 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2712 IH courses conducted by a military department pursuant to 1 a Reserve Officer Corps Training program, to believe any 2 divisive concepts. No member of the United States Uni- 3 formed Services shall face any penalty or discrimination 4 on account of his or her refusal to support, believe, en- 5 dorse, embrace, confess, act upon, or otherwise assent to 6 such concepts. 7 SEC. 4. REQUIREMENTS FOR GOVERNMENT CONTRACTORS. 8 (a) IN GENERAL.—Except in contracts exempted in 9 the manner provided by section 204 of Executive Order 10 11246 of September 24, 1965 (Equal Employment Oppor- 11 tunity), all Government contracting agencies shall include 12 in every Government contract hereafter entered into the 13 following provisions: ‘‘During the performance of this con- 14 tract, the contractor agrees as follows: 15 ‘‘(1) The contractor shall not use any workplace 16 training that inculcates in its employees any form of 17 race or sex stereotyping or any form of race or sex 18 scapegoating, including the concepts that— 19 ‘‘(A) one race or sex is inherently superior 20 to another race or sex; 21 ‘‘(B) an individual, by virtue of his or her 22 race or sex, is inherently racist, sexist, or op- 23 pressive, whether consciously or unconsciously; 24 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2712 IH ‘‘(C) an individual should be discriminated 1 against or receive adverse treatment solely or 2 partly because of his or her race or sex; 3 ‘‘(D) members of one race or sex cannot 4 and should not attempt to treat others without 5 respect to race or sex; 6 ‘‘(E) an individual’s moral character is 7 necessarily determined by his or her race or sex; 8 ‘‘(F) an individual, by virtue of his or her 9 race or sex, bears responsibility for actions com- 10 mitted in the past by other members of the 11 same race or sex; 12 ‘‘(G) any individual should feel discomfort, 13 guilt, anguish, or any other form of psycho- 14 logical distress on account of his or her race or 15 sex; or 16 ‘‘(H) meritocracy or traits such as a hard 17 work ethic are racist or sexist, or were created 18 by a particular race to oppress another race. 19 The term ‘race or sex stereotyping’ means ascribing 20 character traits, values, moral and ethical codes, 21 privileges, status, or beliefs to a race or sex, or to 22 an individual because of his or her race or sex, and 23 the term ‘race or sex scapegoating’ means assigning 24 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2712 IH fault, blame, or bias to a race or sex, or to members 1 of a race or sex because of their race or sex. 2 ‘‘(2) The contractor will send to each labor 3 union or representative of workers with which he has 4 a collective bargaining agreement or other contract 5 or understanding, a notice, to be provided by the 6 agency contracting officer, advising the labor union 7 or workers’ representative of the contractor’s com- 8 mitments under the Work Not Woke Act, and shall 9 post copies of the notice in conspicuous places avail- 10 able to employees and applicants for employment. 11 ‘‘(3) In the event of the contractor’s noncompli- 12 ance with the requirements of paragraphs (1), (2), 13 and (4), or with any rules, regulations, or orders 14 that may be promulgated in accordance with the 15 Work Not Woke Act, this contract may be canceled, 16 terminated, or suspended in whole or in part and the 17 contractor may be declared ineligible for further 18 Government contracts in accordance with procedures 19 authorized in Executive Order 11246, and such 20 other sanctions may be imposed and remedies in- 21 voked as provided by any rules, regulations, or or- 22 ders the Secretary of Labor has issued or adopted 23 pursuant to Executive Order 11246, including sub- 24 part D of that order. 25 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2712 IH ‘‘(4) The contractor will include the provisions 1 of paragraphs (1) through (4) in every subcontract 2 or purchase order unless exempted by rules, regula- 3 tions, or orders of the Secretary of Labor, so that 4 such provisions will be binding upon each subcon- 5 tractor or vendor. The contractor will take such ac- 6 tion with respect to any subcontract or purchase 7 order as may be directed by the Secretary of Labor 8 as a means of enforcing such provisions including 9 sanctions for noncompliance: Provided, however, that 10 in the event the contractor becomes involved in, or 11 is threatened with, litigation with a subcontractor or 12 vendor as a result of such direction, the contractor 13 may request the United States to enter into such 14 litigation to protect the interests of the United 15 States.’’. 16 (b) HOTLINE.—The Department of Labor shall, 17 through the Office of Federal Contract Compliance Pro- 18 grams, establish a hotline and investigate complaints re- 19 ceived under both this Act as well as Executive Order 20 11246 alleging that a Federal contractor is utilizing such 21 training programs in violation of the contractor’s obliga- 22 tions under those orders. The Department shall take ap- 23 propriate enforcement action and provide remedial relief, 24 as appropriate. 25 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2712 IH (c) REQUEST FOR INFORMATION.—Not later than 30 1 days after the date of enactment of this Act, the Director 2 of such Office shall publish in the Federal Register a re- 3 quest for information seeking information from Federal 4 contractors, Federal subcontractors, and employees of 5 Federal contractors and subcontractors regarding the 6 training, workshops, or similar programming provided to 7 employees. The request for information should request 8 copies of any training, workshop, or similar programing 9 having to do with diversity and inclusion as well as infor- 10 mation about the duration, frequency, and expense of such 11 activities. 12 SEC. 5. REQUIREMENTS FOR FEDERAL GRANTS. 13 (a) IN GENERAL.—The heads of all agencies shall re- 14 view their respective grant programs and identify pro- 15 grams for which the agency may, as a condition of receiv- 16 ing such a grant, require the recipient to certify that it 17 will not use Federal funds to promote the concepts that— 18 (1) one race or sex is inherently superior to an- 19 other race or sex; 20 (2) an individual, by virtue of his or her race 21 or sex, is inherently racist, sexist, or oppressive, 22 whether consciously or unconsciously; 23 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2712 IH (3) an individual should be discriminated 1 against or receive adverse treatment solely or partly 2 because of his or her race or sex; 3 (4) members of one race or sex cannot and 4 should not attempt to treat others without respect to 5 race or sex; 6 (5) an individual’s moral character is nec- 7 essarily determined by his or her race or sex; 8 (6) an individual, by virtue of his or her race 9 or sex, bears responsibility for actions committed in 10 the past by other members of the same race or sex; 11 (7) any individual should feel discomfort, guilt, 12 anguish, or any other form of psychological distress 13 on account of his or her race or sex; or 14 (8) meritocracy or traits such as a hard work 15 ethic are racist or sexist, or were created by a par- 16 ticular race to oppress another race. 17 (b) SUBMISSION OF LIST.—Not later than 60 days 18 after the date of enactment of this Act, the heads of agen- 19 cies shall each submit a report to the Director of the Of- 20 fice of Management and Budget that lists all grant pro- 21 grams so identified. 22 SEC. 6. REQUIREMENTS FOR AGENCIES. 23 (a) IN GENERAL.—The fair and equal treatment of 24 individuals is an inviolable principle that must be main- 25 VerDate Sep 11 2014 00:39 May 02, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2712 IH tained in the Federal workplace. Agencies shall continue 1 all training that will foster a workplace that is respectful 2 of all employees. Such training shall include the following: 3 (1) The head of each agency shall use his or 4 her authority under sections 301, 302, and 4103 of 5 title 5, United States Code, to ensure that the agen- 6 cy, agency employees while on duty status, and any 7 contractors hired by the agency to provide training, 8 workshops, forums, or similar programming to agen- 9 cy employees do not teach, advocate, act upon, or 10 promote in any training to agency employees any di- 11 visive concepts. Agencies may consult with OPM, 12 pursuant to section 4116 of title 5, United States 13 Code, in carrying out this provision. 14 (2) Agency diversity and inclusion efforts shall, 15 first and foremost, encourage agency employees not 16 to judge each other by their color, race, ethnicity, 17 sex, or any other characteristic protected by Federal 18 law. 19 (b) OPM REGULATIONS.—The Director of OPM 20 shall propose regulations providing that agency officials 21 with supervisory authority over a supervisor or [Text truncated for display. Full text available on Congress.gov.]