[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1811 Introduced in Senate (IS)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Merit, Fairness, and 
Equality Act of 2023''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States Armed Forces is the greatest civil 
        rights program in the history of the world.
            (2) Former Chairman of the Joint Chiefs General Colin 
        Powell wrote that ``the military [has] given African-Americans 
        more equal opportunity than any other institution in American 
        society''.
            (3) Today's Armed Forces is the most diverse large public 
        institution in the country, and brings together Americans from 
        every background in the service of defending the country.
            (4) Military readiness depends on the guarantee of equal 
        opportunity, without the promise of an equal outcome, because 
        warfare is a competitive endeavor and the nation's enemies must 
        know that the United States Armed Forces is led by the best, 
        brightest, and bravest Americans.
            (5) The tenets of critical race theory are antithetical to 
        the merit-based, all-volunteer, military that has served the 
        country with great distinction for the last 50 years.

SEC. 3. DEFINITION OF EQUITY.

    For the purposes of any Department of Defense Diversity, Equity, 
and Inclusion directive, program, policy, or instruction, the term 
``equity'' is defined as ``the right of all persons to have the 
opportunity to participate in, and benefit from, programs, and 
activities for which they are qualified''.

SEC. 4. PROHIBITIONS.

    (a) Directives.--The Department of Defense shall not direct or 
otherwise compel any member of the Armed Forces, military dependent, or 
civilian employee of the Department of Defense to personally affirm, 
adopt, or adhere to the tenet that any sex, race, ethnicity, religion 
or national origin is inherently superior or inferior.
    (b) Training and Instruction.--No organization or institution under 
the authority of the Secretary of Defense may provide courses, 
training, or any other type of instruction that directs, compels, or 
otherwise suggests that members of the Armed Forces, military 
dependents, or civilian employees of the Department of Defense should 
affirm, adopt, or adhere to the tenet described in subsection (a).
    (c) Distinctions and Classifications.--
            (1) In general.--No organization or institution under the 
        authority of the Secretary of Defense shall make a distinction 
        or classification of members of the Armed Forces, military 
        dependents, or civilian employees of the Department of Defense 
        based on account of race, ethnicity, or national origin.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to prohibit the required collection or reporting 
        of demographic information by the Department of Defense.

SEC. 5. MERIT REQUIREMENT.

    All Department of Defense personnel actions, including accessions, 
promotions, assignments and training, shall be based exclusively on 
individual merit and demonstrated performance.
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