Federal

DEI Pay Cap Act of 2023

Source: Congress.gov · 391 words in original text

What This Bill Does

This bill limits who the Department of Defense can hire or employ in diversity, equity, and inclusion positions. The bill restricts these positions to employees at certain lower pay grades or ranks.

Who It Affects

The Secretary of Defense (the civilian official in charge of the Department of Defense) and military or civilian employees of the Department of Defense.

Key Provisions

* The Secretary of Defense cannot appoint or hire anyone above rank E-5 base pay or GS-5 grade (not adjusted for cost of living differences by location) to positions focused on developing, refining, or implementing diversity, equity, and inclusion policy (Sec. 2(a)). * The Secretary of Defense cannot appoint or hire anyone above rank E-5 base pay or GS-5 grade to positions that lead working groups and councils developing diversity, equity, and inclusion goals and measuring performance (Sec. 2(a)). * The Secretary of Defense cannot appoint or hire anyone above rank E-5 base pay or GS-5 grade to positions creating and implementing diversity, equity, and inclusion education, training courses, and workshops (Sec. 2(a)). * Any current employee above the allowed rank or grade in these positions must be reassigned to a different position within 180 days after the law takes effect (Sec. 2(c)).

What Changes

The Department of Defense would be prohibited from placing military or civilian employees above E-5 base pay or GS-5 grade into diversity, equity, and inclusion positions. Employees currently in these positions who exceed these pay limits must move to different jobs.

Important Definitions

E-5 base pay refers to a military pay grade. GS-5 refers to a civilian federal pay grade.

I 118TH CONGRESS 1ST SESSION H. R. 701 To restrict the appointment of certain military personnel to diversity, equity, and inclusion positions. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 1, 2023 Mr. BANKS 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 restrict the appointment of certain military personnel to diversity, equity, and inclusion positions. 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 ‘‘DEI Pay Cap Act of 4 2023’’. 5 SEC. 2. DIVERSITY, EQUITY, AND INCLUSION PERSONNEL 6 GRADE CAP. 7 (a) IN GENERAL.—The Secretary of Defense may not 8 appoint to, or otherwise employ in, any position with du- 9 VerDate Sep 11 2014 01:28 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H701.IH H701 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 701 IH ties as described in subsection (b) a military or civilian 1 employee with a rank or grade in excess of E–5 base pay 2 or GS–5 not adjusted for locality. 3 (b) COVERED DUTIES.—The duties referred to in 4 subsection (a) are as follows: 5 (1) Developing, refining, and implementing di- 6 versity, equity, and inclusion policy. 7 (2) Leading working groups and councils to de- 8 veloping diversity, equity, and inclusion goals and 9 objectives to measure performance and outcomes. 10 (3) Creating and implementing diversity, equity, 11 and inclusion education, training courses, and work- 12 shops for military and civilian personnel. 13 (c) APPLICABILITY TO CURRENT EMPLOYEES.—Any 14 military or civilian employee appointed to a position with 15 duties described in subsection (b) who holds a rank or 16 grade in excess of that allowed under subsection (a) shall 17 be reassigned to another position not later than 180 days 18 after the date of the enactment of this Act. 19 Æ VerDate Sep 11 2014 01:28 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H701.IH H701 pbinns on DSKJLVW7X2PROD with $$_JOB

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