Overview

Title

To ensure equal protection of the law, to prevent racism in the Federal Government, and for other purposes.

ELI5 AI

S. 4516 is a plan to stop the government from spending money on classes and offices that focus on making sure everyone is included and treated fairly, because some people believe these things might not be fair. This idea might cause some problems because it could make it harder for people who are different to be part of the government.

Summary AI

S. 4516, also known as the "Dismantle DEI Act of 2024," proposes to limit the implementation of diversity, equity, and inclusion (DEI) practices within the federal government and associated entities. The bill seeks to prohibit the use of federal funds for DEI offices, training courses, and other related activities. It also aims to rescind certain executive orders and policies that promote DEI practices and ensures that no contracts or training funded by the federal government contain DEI-related content. Overall, the bill intends to uphold the principles of equal protection under the law by eliminating measures that it perceives as discriminatory based on race, gender, and other characteristics.

Published

2024-06-12
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-06-12
Package ID: BILLS-118s4516is

Bill Statistics

Size

Sections:
35
Words:
10,280
Pages:
48
Sentences:
196

Language

Nouns: 2,818
Verbs: 778
Adjectives: 482
Adverbs: 154
Numbers: 438
Entities: 430

Complexity

Average Token Length:
4.13
Average Sentence Length:
52.45
Token Entropy:
5.27
Readability (ARI):
27.42

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Dismantle DEI Act of 2024," primarily focuses on eliminating diversity, equity, and inclusion (DEI) initiatives across federal entities. The bill outlines detailed prohibitions on federal funding and resources for DEI-related offices, officers, and training within the federal government and among federal contractors. It mandates the rescinding of several executive orders related to racial and gender equity and calls for the closure of related offices. The bill also restricts DEI practices in federally assisted programs, education, and federal advisory committees, and enforces compliance through potential litigation.

Summary of Significant Issues

Several significant issues arise from this bill. Firstly, the broad prohibition on federal funding for DEI initiatives raises concerns about limiting efforts to promote equality and address systemic inequities within federal agencies. Secondly, there is ambiguity stemming from the lack of a clear definition for "prohibited diversity, equity, or inclusion practice," which may lead to varying interpretations. Additionally, the rescinding of executive orders related to racial and gender equity without detailed justification may be perceived as politically motivated. Other issues include potential conflicts with constitutional protections on free speech and academic freedom, particularly concerning prohibitions on diversity-related training and education.

Impact on the Public

If enacted, the bill could lead to widespread changes in the way federal agencies approach diversity and inclusion, potentially limiting these efforts significantly. This might contribute to a lack of representation and support for minority groups within the government and among federal contractors. The prohibition on DEI initiatives could also result in less training and fewer resources dedicated to understanding and addressing inequality and discrimination, potentially exacerbating existing systemic issues.

Impact on Specific Stakeholders

For federal agencies and employees, the bill could mean a reduction in diversity-related training and resources, potentially affecting workplace culture and inclusivity. Educational institutions might face limitations on their ability to offer courses covering critical theories and systemic issues related to race, gender, and other identities, leading to a narrowed scope of education in these areas.

Minority groups and those concerned with social justice and equity might view the bill negatively, as it could undermine efforts to promote diversity and inclusion across various sectors. Conversely, proponents of the bill might argue that it aims to ensure equal treatment by removing initiatives they perceive as divisive or preferential.

The military and other sectors outlined in the bill may lose structures promoting diverse leadership, which could impact efforts to integrate and support diverse leadership teams. Overall, the bill carries significant implications that may alter the landscape of diversity and inclusion efforts across federal entities and associated stakeholders.

Financial Assessment

The "Dismantle DEI Act of 2024" seeks to eliminate the use of federal funds for activities related to diversity, equity, and inclusion (DEI). This commentary examines how financial references in the bill relate to its broader implications and identified issues.

Financial Prohibitions

The bill explicitly prohibits the use of federal funds for maintaining DEI-related offices, training courses, and other initiatives across various federal agencies, contractors, and grant recipients. This includes Sections 104, 303, 401, 402, and 602, which specifically forbid funding for any office or training that involves DEI activities. The legislation extends this prohibition to federal contractors and grant recipients, ensuring that no federal money supports DEI initiatives directly or through subcontractors.

This prohibition on the use of federal funds is a central feature of the bill, aiming to dismantle DEI efforts deemed discriminatory. However, this sweeping limitation raises concerns about stifling efforts to address systemic inequities.

Issues with the Financial Scope

The broad language restricting federal funds from any DEI-related initiatives could significantly impede efforts to foster racial and gender equity. The bill's financial restrictions might undermine existing diversity and inclusion initiatives, potentially impacting minority representation and inclusivity.

Moreover, the financial implications concerning the enforcement of these prohibitions are not clearly defined. While the bill allows for litigation over violations, Section 801 suggests that courts may impose financial penalties without clear limits, awarding a minimum of $1,000 per violation per day. This could lead to significant financial liabilities for federal agencies and advisory committees found in violation, potentially imposing burdensome costs without clear caps.

Potential Overreach and Consequences

The bill's financial prohibitions might lead to challenges related to enforcing these restrictions consistently across all federal agencies and associated entities. The lack of clarity about what constitutes a prohibited DEI practice, combined with tight financial constraints, could result in inconsistent interpretations and applications, as highlighted in the issues section.

Furthermore, allowing any person to initiate litigation for violations could lead to an influx of lawsuits, potentially overburdening the judicial system (Section 501). This may result in excessive litigation costs for the government, with bill provisions suggesting claimants may seek comprehensive financial relief.

Conclusion

In summary, the "Dismantle DEI Act of 2024" places stringent prohibitions on the use of federal funds for DEI activities, potentially stalling efforts to promote diversity and inclusion within federal initiatives. Financially, its broad scope and potential for significant liabilities due to litigation raise concerns about practicality, enforcement, and the balance between regulatory compliance and promoting equality initiatives. These fiscal stipulations may warrant further clarification to ensure effective and equitable implementation.

Issues

  • The bill broadly prohibits the use of federal funds for diversity, equity, inclusion, and accessibility initiatives (Sections 104, 303, 401, 402, 602). This could significantly impede efforts to promote equality and address systemic inequities in federal agencies and among federal contractors, leading to concerns about exclusion and lack of representation for minority groups.

  • The term 'prohibited diversity, equity, or inclusion practice' is used throughout the bill but lacks a clear and concise definition within the text (Sections 3, 1201, 303, 501). This ambiguity may lead to varying interpretations and inconsistent enforcement of the bill's provisions.

  • Rescinding executive orders and memoranda related to advancing racial and gender equity without providing clear justification raises concerns about bias or political motivations (Section 101). This action could undermine existing diversity and inclusion efforts across federal agencies.

  • The requirement for government-wide compliance with the 'Dismantle DEI Act of 2024' is not well-defined, and the bill does not specify how compliance will be enforced or funded (Sections 502, 503). This lack of clarity could lead to challenges in implementation and oversight.

  • Prohibiting diversity-related training and education might conflict with constitutional protections of free speech and academic freedom, leading to potential legal challenges (Sections 201, 202, 602). Additionally, restricting discussions on critical theories relating to race, gender, and intersectionality might stifle important educational content.

  • The financial implications of the bill's enforcement provisions are not clearly outlined, particularly regarding potential excessive liabilities due to compensation damages without specified caps (Section 801). This could impose significant financial burdens on agencies or advisory committees found in violation.

  • The bill's focus on dismantling existing diversity, equity, and inclusion efforts within the Department of Defense and other agencies without providing alternative strategies may negatively impact efforts to support diverse leadership and inclusivity within the military and other sectors (Sections 704, 705).

  • The provision allowing any person to initiate litigation over alleged violations of the bill might lead to an influx of lawsuits, creating potential misuse or overburdening the judicial system with seemingly infinite financial liabilities (Section 501).

  • The enforcement mechanism's broad language, including terms like 'all other appropriate relief,' is vague and may lead to broad interpretations, potentially resulting in misuse or abuse (Section 801).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act states that it can be officially referred to as the "Dismantle DEI Act of 2024."

2. Table of contents Read Opens in new tab

Summary AI

This section outlines the table of contents for an act that covers several areas like federal offices, training, contracting, grants, education, and enforcement, focusing on prohibiting diversity, equity, and inclusion practices across various federal entities. It includes details on the rescission of executive orders, management of funds, contract and grant terms, responsibilities of advisory committees, and standards for education, as well as provisions for enforcement and severability.

3. Prohibited diversity, equity or inclusion practice defined Read Opens in new tab

Summary AI

The section defines "prohibited diversity, equity, or inclusion practice" as any action that discriminates based on race, color, ethnicity, religion, biological sex, or national origin. It also includes requiring employees to undergo training or agree to statements that claim any of these traits are superior, inferior, oppressive, oppressed, or privileged.

1201. Prohibited diversity, equity, or inclusion practice Read Opens in new tab

Summary AI

The section defines prohibited practices regarding diversity, equity, and inclusion, which include discriminating based on race, color, ethnicity, religion, sex, or national origin, and mandating participation in programs or signing documents that deem certain groups as inherently superior, inferior, oppressed, or privileged.

101. Executive orders and memoranda rescinded Read Opens in new tab

Summary AI

The section outlines that several Executive Orders and National Security Memoranda related to racial equity, gender equality, and diversity are being canceled and will no longer have legal effect or funding support. It also specifies that affected government programs or offices must be closed within 90 days, and employees from these programs cannot be reassigned or their roles converted.

102. Office of Personnel Management Read Opens in new tab

Summary AI

The section outlines that within 180 days, the Director of the Office of Personnel Management must revise its materials to align with the new act, eliminate previous regulations related to certain executive orders, and dissolve the Office of Diversity, Equity, Inclusion, and Accessibility, as well as the Chief Diversity Officers Executive Council. It also amends the law to prohibit racist behavior and training within the government, establishing new standards and oversight to ensure compliance with these rules.

103. Office of Management and Budget Read Opens in new tab

Summary AI

The Office of Management and Budget must update its rules, policies, and guidance within 180 days to align with the new Act, cancel regulations based on certain executive orders, and modify or replace a specific circular—with emphasis on removing references to diversity, equity, and inclusion that don't align with equal opportunity or civil rights principles.

104. Prohibited use of funds Read Opens in new tab

Summary AI

The section outlines restrictions on the use of federal funds, prohibiting them from being used to support offices or activities related to diversity, equity, inclusion, or accessibility within federal agencies. However, it allows for the continuation of Equal Employment Opportunity offices and programs related to the Americans with Disabilities Act as they have historically operated.

105. DEI offices closed Read Opens in new tab

Summary AI

The section mandates that any Federal agency with an office related to diversity, equity, inclusion, or accessibility must close that office within 90 days, reduce staff accordingly, and is not allowed to reassign those workers. However, it clarifies that Equal Employment Opportunity offices and offices enforcing the Americans with Disabilities Act can continue as they have been.

106. Prohibited personnel practices Read Opens in new tab

Summary AI

The bill section amends U.S. law to prohibit taking action against employees or job applicants for not completing or signing certain diversity-related trainings or documents, and it ensures that performance evaluations cannot penalize individuals for similar reasons. It aims to prevent discrimination based on race, color, ethnicity, religion, sex, or national origin in workplace practices and appraisals.

201. Government-wide training Read Opens in new tab

Summary AI

Congress has proposed changes to training programs for government employees, forbidding programs that involve diversity, equity, and inclusion or suggest that any group is superior or inferior. This proposal also restricts training that focuses on critical theory or related concepts, and it ensures that no employee can be forced to participate in such programs.

202. Use of funds Read Opens in new tab

Summary AI

The section specifies that no government funds are allowed to be used for creating or purchasing training courses in federal agencies that involve topics like diversity, equity, inclusion, or theories on race and gender. It also states that these courses cannot require people to claim that certain races, religions, or other identity groups are inherently better or worse than others.

301. Required contract terms Read Opens in new tab

Summary AI

The section updates existing U.S. law to ensure that government contracts exceeding $10,000, as well as other contracts, cannot be performed in locations where prohibited diversity, equity, or inclusion practices are present, as defined by the Civil Rights Act of 1964. This means that contractors and subcontractors must avoid participating in such practices in their working environments.

Money References

  • (a) Contracts exceeding $10,000.—Section 6502 of title 41, United States Code, is amended by adding at the end the following: “(5) PROHIBITED DIVERSITY, EQUITY, OR INCLUSION PRACTICE.—No part of the contract will be performed, and no materials, supplies, articles, or equipment will be manufactured or fabricated under the contract, in plants, factories, buildings, or surroundings, under working conditions or in a working environment, provided by or under the control or supervision of a contractor or any subcontractor who is subject to, or required to comply with, a prohibited diversity, equity or inclusion practice (as defined in section 1201 of the Civil Rights Act of 1964).

302. Prohibition on discrimination Read Opens in new tab

Summary AI

The section amends United States Code Title 40 to prohibit discrimination in federally assisted programs based on race, color, sex, ethnicity, religion, or national origin. Additionally, it bans mandatory compliance with certain diversity, equity, and inclusion practices and mandates federal agencies to enforce these rules, similar to how they address racial discrimination under the Civil Rights Act of 1964, without limiting individuals' rights to pursue other legal actions.

122. Prohibition on discrimination Read Opens in new tab

Summary AI

The section prohibits discrimination based on race, color, biological sex, ethnicity, religion, or national origin in programs receiving federal assistance and forbids certain diversity, equity, and inclusion practices. It also mandates federal agencies to enforce these rules, while allowing individuals to seek other legal remedies if needed.

303. Prohibited use of funds Read Opens in new tab

Summary AI

The section prohibits the use of federal funds by contractors for activities related to diversity, equity, inclusion, accessibility, and training courses that imply superiority or oppression based on characteristics like race or gender. However, it allows for funding of Equal Employment Opportunity offices and enforcement of the Americans with Disabilities Act, as well as letting contractors use their own non-federal funds as they see fit.

401. Required grant agreement terms Read Opens in new tab

Summary AI

The proposed bill amendment requires that any grant given by a federal agency must include terms prohibiting the use of funds for offices or activities related to diversity, equity, inclusion, or certain types of training courses unless it's for an Equal Employment Opportunity office or similar programs. Recipients are allowed to use non-federal funds as they choose.

6310. Grants and grant agreements Read Opens in new tab

Summary AI

The section outlines that a government agency cannot grant funds to any recipient for purposes like maintaining diversity offices, employing diversity officers, or creating training related to diversity or theories on race and gender. However, it does allow for the maintenance of Equal Employment Opportunity offices and enforcement of the Americans with Disabilities Act, as long as federal funds are not used for prohibited activities.

402. Required cooperative agreement terms Read Opens in new tab

Summary AI

The text in this section of the bill outlines restrictions for cooperative agreements involving federal funds. Under this proposal, such agreements cannot include funds for activities related to diversity, equity, and inclusion initiatives, such as maintaining diversity offices or offering related training courses. However, it clarifies that this does not affect Equal Employment Opportunity offices or similar programs, which can still be funded as usual.

6311. Cooperative agreements Read Opens in new tab

Summary AI

Under Section 6311, executive agencies are prohibited from entering cooperative agreements that use federal funds for diversity, equity, inclusion, or accessibility offices and officers, specific training courses, or certain prohibited practices. However, it allows continued funding for Equal Employment Opportunity offices and similar entities, and permits the use of non-Federal funds as determined by the involved parties.

501. Prohibited diversity, equity, and inclusion practices Read Opens in new tab

Summary AI

This part of the bill modifies the Federal Advisory Committee Act to prohibit certain diversity, equity, and inclusion practices within advisory committees. It allows courts to order the termination of committees found in violation and provides for possible financial penalties and relief if a prohibited practice is implemented.

Money References

  • — In an action brought under this subsection in which the plaintiff prevails, the court may award— “(A) a Writ of Mandamus or other equitable or declaratory relief; “(B) a minimum of $1,000 per violation per day; “(C) reasonable attorney’s fees and litigation costs; “(D) compensatory damages; and “(E) all other appropriate relief.”.

1015. Diversity, equity, and inclusion practices Read Opens in new tab

Summary AI

The section outlines rules against implementing certain diversity, equity, and inclusion practices within federal advisory committees. It states that if these practices are prohibited and occur, the committee could be terminated based on findings by an Administrator, Inspector General, or court action, with potential penalties and very specific measures and awards for people who bring successful legal actions.

Money References

  • — In an action brought under this subsection in which the plaintiff prevails, the court may award— (A) a Writ of Mandamus or other equitable or declaratory relief; (B) a minimum of $1,000 per violation per day; (C) reasonable attorney’s fees and litigation costs; (D) compensatory damages; and (E) all other appropriate relief.

502. Administrator responsibilities Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Administrator to amend existing regulations and enforce compliance with the Dismantle DEI Act of 2024. It requires the development of new guidelines and management controls to align with the Act, and mandates the revision of any related documents or practices that conflict with the new law within 180 days of the Act's enactment.

503. Agency head responsibilities Read Opens in new tab

Summary AI

In this section, agency heads are required to set up consistent guidelines and controls to follow the Dismantle DEI Act of 2024. Additionally, amendments are made to ensure agencies comply with this Act by updating certain parts of section 1007 in title 5 of the United States Code.

601. Standards for accreditation of accrediting agencies and associations Read Opens in new tab

Summary AI

The section amends the Higher Education Act to ensure that accrediting agencies don't force colleges to adopt certain diversity, equity, and inclusion practices, commit to specific beliefs, avoid constitutionally protected activities like religious practices, or face discrimination for participating in religious activities.

602. Prohibited use of funds by the Secretary of Education Read Opens in new tab

Summary AI

The section amends the Elementary and Secondary Education Act to prohibit the Secretary of Education from using federal funds to support offices or training programs related to diversity, equity, and inclusion. However, it clarifies that this does not affect Equal Employment Opportunity offices or compliance with the Americans with Disabilities Act, nor does it restrict the use of non-federal funds.

701. Fannie Mae, Freddie Mac, Federal Home Loan Banks, and Federal Housing Finance Agency Read Opens in new tab

Summary AI

Section 701 states that a specific part of the law called the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is being canceled. This affects rules related to Fannie Mae, Freddie Mac, Federal Home Loan Banks, and the Federal Housing Finance Agency.

702. Capital markets regulation; corporate boards; self-regulatory organizations Read Opens in new tab

Summary AI

The bill proposes repealing the Offices of Minority and Women Inclusion from the Dodd-Frank Act, amends the Civil Rights Act to define board members as employees, and prohibits federal regulators and national securities associations from mandating diversity, equity, and inclusion practices. It also removes language regarding diversity from a community development act.

503A. Prohibited diversity, equity and inclusion practices Read Opens in new tab

Summary AI

In Section 503A, it states that federal regulators are not allowed to engage in or require prohibited diversity, equity, and inclusion practices as outlined in the Civil Rights Act of 1964.

703. Health and Human Services Read Opens in new tab

Summary AI

The section from the bill states that Section 821 of the Public Health Service Act, which corresponds to 42 U.S.C. 296m, is being removed or canceled.

704. Repeal of diversity, equity, and inclusion programs of Department of Defense Read Opens in new tab

Summary AI

The section proposes to repeal various diversity, equity, and inclusion programs within the Department of Defense, including eliminating specific reporting requirements, removing the role of Chief Diversity Officer, and ending the initiative on promoting diversity in military leadership.

705. Department of Homeland Security and Coast Guard Read Opens in new tab

Summary AI

The section outlines two changes related to the Department of Homeland Security and the Coast Guard: it removes a paragraph from the Homeland Security Act of 2002 and updates a section of the United States Code by deleting a reference to diversity, inclusion, and women's issues.

706. Director of National Intelligence Read Opens in new tab

Summary AI

Section 706 repeals Section 5704 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act, which applied to fiscal years 2018, 2019, and 2020.

801. Enforcement; private cause of action Read Opens in new tab

Summary AI

In Section 801 of the bill, it states that anyone who thinks this law has been broken can sue in a U.S. District Court. If the person winning the case, the court can grant various types of compensation, including daily fines, attorney fees, and other appropriate remedies.

Money References

  • (b) Relief.—In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award— (1) a Writ of Mandamus or other equitable or declaratory relief; (2) a minimum of $1,000 per violation per day; (3) reasonable attorney’s fees and litigation costs; (4) compensatory damages; and (5) all other appropriate relief. ---

802. Severability Read Opens in new tab

Summary AI

If any part of this Act or its amendments is found to be unconstitutional, the rest of the Act and its amendments will remain valid and enforceable.