Section 1 Short title
This Act may be cited as the “Work Not Woke Act”.
Work Not Woke Act
A BILL
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.
Sec. 2 Definitions
For the purposes of this Act:
Agency— The term “agency” means any department, agency, instrumentality, or establishment of the executive branch of Government.
Divisive concepts—
The term divisive concepts means the concepts that—
one race or sex is inherently superior to another race or sex;
the United States is fundamentally racist or sexist;
an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;
members of one race or sex cannot and should not attempt to treat others without respect to race or sex;
an individual’s moral character is necessarily determined by his or her race or sex;
an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or
meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.
The term divisive concepts also includes any other form of race or sex stereotyping or any other form of race or sex scapegoating.
OMB— The term “OMB” means the Office of Management and Budget.
OPM— The term “OPM” means the Office of Personnel Management.
Race or sex stereotyping— The term race or sex stereotyping means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.
Race or sex scapegoating— The term race or sex scapegoating means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. It similarly encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.
Senior political appointee— The term senior political appointee means an individual appointed by the President, or a non-career member of the Senior Executive Service (or agency-equivalent system).
Sec. 3 Requirements for the United States Uniformed Services
The United States Uniformed Services, including the United States Armed Forces, shall not teach, instruct, or train any member of the United States Uniformed Services, whether serving on active duty, serving on reserve duty, attending a military service academy, or attending courses conducted by a military department pursuant to a Reserve Officer Corps Training program, to believe any divisive concepts. No member of the United States Uniformed Services shall face any penalty or discrimination on account of his or her refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to such concepts.
Sec. 4 Requirements for Government contractors
In general— Except in contracts exempted in the manner provided by section 204 of Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity), all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions:
“(1) The contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—
“(A) one race or sex is inherently superior to another race or sex;
“(B) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
“(C) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;
“(D) members of one race or sex cannot and should not attempt to treat others without respect to race or sex;
“(E) an individual’s moral character is necessarily determined by his or her race or sex;
“(F) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
“(G) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or
“(H) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.
“(2) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under the Work Not Woke Act, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
“(3) In the event of the contractor’s noncompliance with the requirements of paragraphs (1), (2), and (4), or with any rules, regulations, or orders that may be promulgated in accordance with the Work Not Woke Act, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246, and such other sanctions may be imposed and remedies invoked as provided by any rules, regulations, or orders the Secretary of Labor has issued or adopted pursuant to Executive Order 11246, including subpart D of that order.
“(4) The contractor will include the provisions of paragraphs (1) through (4) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.”
Hotline— The Department of Labor shall, through the Office of Federal Contract Compliance Programs, establish a hotline and investigate complaints received under both this Act as well as Executive Order 11246 alleging that a Federal contractor is utilizing such training programs in violation of the contractor’s obligations under those orders. The Department shall take appropriate enforcement action and provide remedial relief, as appropriate.
Request for information— Not later than 30 days after the date of enactment of this Act, the Director of such Office shall publish in the Federal Register a request for information seeking information from Federal contractors, Federal subcontractors, and employees of Federal contractors and subcontractors regarding the training, workshops, or similar programming provided to employees. The request for information should request copies of any training, workshop, or similar programing having to do with diversity and inclusion as well as information about the duration, frequency, and expense of such activities.
Sec. 5 Requirements for Federal grants
In general— The heads of all agencies shall review their respective grant programs and identify programs for which the agency may, as a condition of receiving such a grant, require the recipient to certify that it will not use Federal funds to promote the concepts that—
one race or sex is inherently superior to another race or sex;
an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;
members of one race or sex cannot and should not attempt to treat others without respect to race or sex;
an individual’s moral character is necessarily determined by his or her race or sex;
an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or
meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.
Submission of list— Not later than 60 days after the date of enactment of this Act, the heads of agencies shall each submit a report to the Director of the Office of Management and Budget that lists all grant programs so identified.
Sec. 6 Requirements for agencies
In general— The fair and equal treatment of individuals is an inviolable principle that must be maintained in the Federal workplace. Agencies shall continue all training that will foster a workplace that is respectful of all employees. Such training shall include the following:
The head of each agency shall use his or her authority under sections 301, 302, and 4103 of title 5, United States Code, to ensure that the agency, agency employees while on duty status, and any contractors hired by the agency to provide training, workshops, forums, or similar programming to agency employees do not teach, advocate, act upon, or promote in any training to agency employees any divisive concepts. Agencies may consult with OPM, pursuant to section 4116 of title 5, United States Code, in carrying out this provision.
Agency diversity and inclusion efforts shall, first and foremost, encourage agency employees not to judge each other by their color, race, ethnicity, sex, or any other characteristic protected by Federal law.
OPM regulations— The Director of OPM shall propose regulations providing that agency officials with supervisory authority over a supervisor or an employee with responsibility for promoting diversity and inclusion, if such supervisor or employee either authorizes or approves training that promotes divisive concepts, shall take appropriate steps to pursue a performance-based adverse action proceeding against such supervisor or employee under chapter 43 or 75 of title 5, United States Code.
Requirements— Each agency head shall—
issue an order incorporating the requirements of this Act into agency operations, including by making compliance with this Act a provision in all agency contracts for diversity training;
request that the agency inspector general thoroughly review and assess by the end of the calendar year, and not less than annually thereafter, agency compliance with the requirements of this Act in the form of a report submitted to OMB; and
assign at least one senior political appointee responsibility for ensuring compliance with the requirements of this Act.
Sec. 7 OMB and OPM review of agency training
OPM review— Consistent with OPM’s authority under sections 4115 through 4118 of title 5, United States Code, all training programs for agency employees relating to diversity or inclusion shall, before being used, be reviewed by OPM for compliance with the requirements of section 6 of this Act.
Contractor violation— If a contractor provides a training for agency employees relating to diversity or inclusion that teaches, advocates, or promotes divisive concepts, and such action is in violation of the applicable contract, the agency that contracted for such training shall evaluate whether to pursue debarment of that contractor, consistent with applicable law and regulations, and in consultation with the Interagency Suspension and Debarment Committee.
Reports— Not later than 90 days after the date of enactment of this Act, each agency shall report to OMB all spending in fiscal year 2022 on Federal employee training programs relating to diversity or inclusion, whether conducted internally or by contractors. Such report shall, in addition to providing aggregate totals, delineate awards to each individual contractor.
Implementation— The Directors of OMB and OPM may jointly issue guidance and directives pertaining to agency obligations under, and ensuring compliance with, this Act.
Sec. 8 Title VII guidance
The Attorney General should continue to assess the extent to which workplace training that teaches divisive concepts may contribute to a hostile work environment and give rise to potential liability under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). If appropriate, the Attorney General and the Equal Employment Opportunity Commission shall issue publicly available guidance to assist employers in better promoting diversity and inclusive workplaces consistent with such title VII.
Sec. 9 Effective date
This Act shall take effect immediately, except that the requirements of section 4 of this Act shall apply to contracts entered into 60 days after the date of this Act.
Sec. 10 Prohibition on use of Federal funds to carry out certain Executive orders
No Federal funds may be obligated or expended to carry out the following Executive orders (or any successor Executive orders):
Executive Order 13985 (relating to Advancing Racial Equity and Support for Underserved Communities Through the Federal Government).
Executive Order 14035 (relating to Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce).
Executive Order 14091 (relating to Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government).
Sec. 11 General provisions
Application— This Act does not prevent agencies, the United States Uniformed Services, or contractors from promoting racial, cultural, or ethnic diversity or inclusiveness, provided such efforts are consistent with the requirements of this Act.
Object discussion permitted— Nothing in this Act shall be construed to prohibit discussing, as part of a larger course of academic instruction, divisive concepts in an objective manner and without endorsement.
Expressive association— This Act shall be construed and applied consistent with First Amendment protections of the right of expressive association.
Severability— If any provision of this Act, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of its provisions to any other persons or circumstances shall not be affected thereby.