Military Merit, Fairness, and Equality Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1811 To ensure treatment in the military based on merit and performance, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 6, 2023 Mr. WICKER introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To ensure treatment in the military based on merit and performance, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Military Merit, Fair- 4 ness, and Equality Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) The United States Armed Forces is the 8 greatest civil rights program in the history of the 9 world. 10 VerDate Sep 11 2014 22:55 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1811.IS S1811 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1811 IS (2) Former Chairman of the Joint Chiefs Gen- 1 eral Colin Powell wrote that ‘‘the military [has] 2 given African-Americans more equal opportunity 3 than any other institution in American society’’. 4 (3) Today’s Armed Forces is the most diverse 5 large public institution in the country, and brings to- 6 gether Americans from every background in the 7 service of defending the country. 8 (4) Military readiness depends on the guarantee 9 of equal opportunity, without the promise of an 10 equal outcome, because warfare is a competitive en- 11 deavor and the nation’s enemies must know that the 12 United States Armed Forces is led by the best, 13 brightest, and bravest Americans. 14 (5) The tenets of critical race theory are anti- 15 thetical to the merit-based, all-volunteer, military 16 that has served the country with great distinction 17 for the last 50 years. 18 SEC. 3. DEFINITION OF EQUITY. 19 For the purposes of any Department of Defense Di- 20 versity, Equity, and Inclusion directive, program, policy, 21 or instruction, the term ‘‘equity’’ is defined as ‘‘the right 22 of all persons to have the opportunity to participate in, 23 and benefit from, programs, and activities for which they 24 are qualified’’. 25 VerDate Sep 11 2014 22:55 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1811.IS S1811 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1811 IS SEC. 4. PROHIBITIONS. 1 (a) DIRECTIVES.—The Department of Defense shall 2 not direct or otherwise compel any member of the Armed 3 Forces, military dependent, or civilian employee of the De- 4 partment of Defense to personally affirm, adopt, or adhere 5 to the tenet that any sex, race, ethnicity, religion or na- 6 tional origin is inherently superior or inferior. 7 (b) TRAINING AND INSTRUCTION.—No organization 8 or institution under the authority of the Secretary of De- 9 fense may provide courses, training, or any other type of 10 instruction that directs, compels, or otherwise suggests 11 that members of the Armed Forces, military dependents, 12 or civilian employees of the Department of Defense should 13 affirm, adopt, or adhere to the tenet described in sub- 14 section (a). 15 (c) DISTINCTIONS AND CLASSIFICATIONS.— 16 (1) IN GENERAL.—No organization or institu- 17 tion under the authority of the Secretary of Defense 18 shall make a distinction or classification of members 19 of the Armed Forces, military dependents, or civilian 20 employees of the Department of Defense based on 21 account of race, ethnicity, or national origin. 22 (2) RULE OF CONSTRUCTION.—Nothing in this 23 subsection shall be construed to prohibit the re- 24 quired collection or reporting of demographic infor- 25 mation by the Department of Defense. 26 VerDate Sep 11 2014 22:55 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1811.IS S1811 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1811 IS SEC. 5. MERIT REQUIREMENT. 1 All Department of Defense personnel actions, includ- 2 ing accessions, promotions, assignments and training, 3 shall be based exclusively on individual merit and dem- 4 onstrated performance. 5 Æ VerDate Sep 11 2014 22:55 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1811.IS S1811 kjohnson on DSK79L0C42PROD with BILLS