HR2712-118

Introduced

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 Federal funds to carry out Executive Orders 13985, 14035, and 14091, and for other purposes.

118th Congress Introduced Apr 19, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill prohibits federal agencies, the military, government contractors, and federal grant recipients from using training that promotes certain concepts about race and sex that the bill defines as 'divisive concepts' - including ideas that the U.S. is fundamentally racist/sexist, that individuals bear responsibility for historical actions of their race, or that meritocracy is racist. It also prohibits any federal funding from being used to implement three Biden-era executive orders on racial equity and DEI in the federal workforce.

Who Benefits and How

  • Federal employees who oppose certain DEI training benefit from protections against being required to participate in training they find objectionable, with explicit protections against retaliation
  • Government contractors who do not use the specified types of diversity training face reduced compliance requirements and no risk of debarment for training content
  • Critics of DEI programs benefit from statutory codification of the 2020 executive order, making it harder to reverse by future administrations

Who Bears the Burden and How

  • Federal agencies must review and modify all diversity training programs and face new OPM compliance review requirements
  • Government contractors with DEI training programs may need to modify curricula or face contract violations and potential debarment
  • Federal grant recipients must certify they will not use federal funds to promote defined 'divisive concepts'
  • Diversity training providers and consultants face potential loss of federal contracts and may need to redesign training materials
  • OPM and OMB must develop new regulations, review training programs, and enforce compliance

Key Provisions

  • Defines 9 categories of 'divisive concepts' that cannot be taught in federal training
  • Prohibits military service members from being taught divisive concepts and protects them from retaliation for refusing to endorse such concepts
  • Requires divisive concept prohibitions in all federal contracts with potential debarment for violations
  • Defunds Executive Orders 13985, 14035, and 14091 related to racial equity and DEI in federal government

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Enacts into law prohibitions on teaching certain diversity concepts characterized as 'divisive' in federal workplaces, military, contracts, and grants, while defunding Biden-era DEI executive orders

Key Policy Areas

Federal Employment, Government Contracting, Military, Civil Rights, Diversity & Inclusion

Primary Purpose

Enacts into law prohibitions on teaching certain diversity concepts characterized as 'divisive' in federal workplaces, military, contracts, and grants, while defunding Biden-era DEI executive orders

Policy Domains

Federal Employment Government Contracting Military Civil Rights Diversity & Inclusion

Main Bill - Divisive Concepts Prohibitions

Identified Gains
Contextual inference, no direct clause citation
  • Federal employees opposed to DEI training
  • Government contractors without DEI programs
  • Conservative policy advocates
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Federal agencies with DEI programs
  • Diversity training providers
  • Government contractors with DEI training
  • Federal grant recipients
  • OPM
  • OMB
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Apr 19, 2023

Mr. Hern (for himself, Mr. Banks, Mr. Ellzey, Mr. Van …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Government
16 mentions across 9 clauses
+1 positive -13 negative ?2 uncertain

Department of Defense, Department of Justice, Equal Employment Opportunity Commission

Positive-direction: Federal agencies promoting diversity

Negative-direction: Department of Defense, Federal DEI programs under Biden executive orders, Federal agencies, Federal agencies administering grants, Federal agencies conducting diversity training, Federal agency DEI offices, Federal agency HR and training departments, Federal contracting agencies, Federal government contractors, Federal supervisors and diversity officers, Office of Management and Budget, Office of Personnel Management

Professional Services
5 mentions across 5 clauses
-5 negative

Corporate DEI consultants, DEI consultants serving federal government, DEI trainers and consultants serving the military

Education
4 mentions across 3 clauses
+1 positive -3 negative

Academic instructors discussing race/sex issues, Federal grant recipients (universities, nonprofits), Military service academies

Positive-direction: Academic instructors discussing race/sex issues

Negative-direction: Federal grant recipients (universities, nonprofits), Military service academies, Universities with DEI programs funded by federal grants

Military
1 mention across 1 clause
+1 positive

Military members opposed to DEI training

Defense
1 mention across 1 clause
-1 negative

Large defense contractors with DEI programs

All Industries
1 mention across 1 clause
-1 negative

Employers using DEI training

General Public
1 mention across 1 clause
-1 negative

Underserved communities targeted by equity EOs

10/11
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Federal Employment Government Contracting Military
Actor Mappings
"the_director"
→ Director of OPM or Director of OMB (context-dependent)
"the_attorney_general"
→ Attorney General

Key Definitions

Terms defined in this bill

4 terms
"agency" §2a

Any department, agency, instrumentality, or establishment of the executive branch of Government

"divisive concepts" §2b

Nine enumerated concepts including: one race/sex is inherently superior; the U.S. is fundamentally racist/sexist; individuals are inherently racist by virtue of race/sex; individuals should be discriminated against based on race/sex; meritocracy is racist; and any form of race/sex stereotyping or scapegoating

"race or sex stereotyping" §2c

Ascribing character traits, values, moral codes, privileges, status, or beliefs to a race or sex or to individuals because of race or sex

"race or sex scapegoating" §2d

Assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology