WARRIOR Act

I 118TH CONGRESS 1ST SESSION H. R. 3278 To limit the use of military personnel for certain purposes, to direct the Secretary of Defense to appoint a Director of COVID Policy of the Department of Defense, and to limit environmental projects of such Department. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mr. WALTZ introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To limit the use of military personnel for certain purposes, to direct the Secretary of Defense to appoint a Director of COVID Policy of the Department of Defense, and to limit environmental projects of such Department. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Working to Address 4 Recruiting and Retention to Improve Our Readiness Act’’ 5 or the ‘‘WARRIOR Act’’. 6 VerDate Sep 11 2014 01:44 May 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3278.IH H3278 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3278 IH SEC. 2. SENSE OF CONGRESS. 1 It is the sense of Congress that— 2 (1) throughout history, men and women of all 3 colors, creeds, races, and religions have helped build, 4 defend, and define our great Nation; 5 (2) the rich diversity we see in American society 6 today has been greatly influenced by the Constitu- 7 tion and the merit-based structure of our Armed 8 Forces; 9 (3) recent, perhaps well-intentioned, diversity, 10 equity, and inclusion programs within the Depart- 11 ment have caused greater division within the Armed 12 Forces; 13 (4) some of these programs are diverting focus 14 and resources away from force readiness against our 15 potential adversaries; 16 (5) the Armed Forces should provide equal op- 17 portunity for all members; 18 (6) advancement and selection in the Armed 19 Forces should be based solely on merit; 20 (7) photos of members should not considered by 21 promotion and selection boards; and 22 (8) the needs of the Armed Forces should al- 23 ways take precedence over meeting artificially de- 24 rived quotas for diversity. 25 VerDate Sep 11 2014 02:49 May 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3278.IH H3278 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3278 IH SEC. 3. LIMITATIONS ON USE OF MILITARY PERSONNEL 1 FOR CERTAIN PURPOSES. 2 (a) PROHIBITIONS ON USES OF FEDERAL FUNDS.— 3 No Federal funds may be used to— 4 (1) take into consideration the race, ethnicity, 5 color, national origin, or gender of an individual 6 when making a determination regarding a military 7 accession, assignment, selection, or promotion; 8 (2) promote critical race theory at a Service 9 Academy, in military training, or in professional 10 military education; or 11 (3) investigate extremism in the Armed Forces 12 or Department of Defense. 13 (b) GENDER-NEUTRAL PHYSICAL STANDARDS.—Not 14 later than 180 days after the date of the enactment of 15 this Act, the Secretaries of the military departments shall 16 establish gender-neutral physical readiness standards that 17 ensure members can perform the duties of their respective 18 military occupational specialties. 19 (c) DEI HIRING FREEZE.—Effective on the date of 20 the enactment of this Act, the Secretary of Defense shall 21 freeze the number of civilian employees of the Department 22 of Defense who perform tasks related to DEI. Thereafter, 23 the Secretary may hire only one such employee for every 24 2,000 members who join the Armed Forces. 25 VerDate Sep 11 2014 01:44 May 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3278.IH H3278 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3278 IH (d) DEI REPORT.—Not later than December 1, 1 2023, the Secretary of Defense shall submit to the Com- 2 mittees on Armed Services of the Senate and House of 3 Representatives a report on programs of the Department 4 of Defense related to DEI. Such report shall include the 5 following: 6 (1) The number of such programs. 7 (2) The number of personnel assigned to carry 8 out such programs. 9 (3) The number of personnel hours spent on 10 each such program. 11 (4) The total costs to the Federal Government 12 for such programs. 13 (e) INSTRUCTORS AT SERVICE ACADEMIES.—The Su- 14 perintendent of a Service Academy may not employ as an 15 instructor at such Service Academy an individual who is 16 not a member of the Armed Forces or a civilian employee 17 of the Department of Defense unless the Superintendent 18 determines no such member or employee may be ade- 19 quately trained for such purpose. 20 (f) DEFINITIONS.—In this section: 21 (1) The term ‘‘critical race theory’’ means the 22 theory that individuals, by virtue of race, ethnicity, 23 color, or national origin, bear collective guilt and are 24 inherently responsible for actions committed in the 25 VerDate Sep 11 2014 01:44 May 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3278.IH H3278 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3278 IH past by other individuals of such race, ethnicity, 1 color, or national origin. 2 (2) The term ‘‘DEI’’ means diversity, equity, 3 and inclusion. 4 (3) The term ‘‘Service Academy’’ has the mean- 5 ing given such term in section 347 of title 10, 6 United States Code. 7 SEC. 4. APPOINTMENT OF DIRECTOR OF COVID POLICY OF 8 THE DEPARTMENT OF DEFENSE. 9 The Secretary of Defense shall appoint a Director of 10 COVID Policy to determine and take any action the Direc- 11 tor determines appropriate regarding a member of the 12 Armed Forces involuntarily separated solely on the basis 13 of refusing to receive a vaccination against COVID-19. 14 Such actions may include reinstatement and payment of 15 back pay. 16 SEC. 5. LIMITATION ON ENVIRONMENTAL PROJECTS OF 17 THE DEPARTMENT OF DEFENSE. 18 No Federal funds may be used for any environmental 19 project of the Department of Defense unless the Secretary 20 of Defense submits to the Committees on Armed Services 21 of the Senate and House of Representatives a report in 22 which the Secretary that contains— 23 (1) a cost-benefit analysis of such project; and 24 VerDate Sep 11 2014 01:44 May 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3278.IH H3278 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3278 IH (2) the certification of the Secretary that such 1 project— 2 (A) improves readiness; and 3 (B) is the least costly option. 4 Æ VerDate Sep 11 2014 01:44 May 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3278.IH H3278 kjohnson on DSK79L0C42PROD with BILLS