Section 1 Short title
This Act may be cited as the “No Diversity, Equity, and Inclusion in the District of Columbia Act” or the “No DEI in DC Act”.
No Diversity, Equity, and Inclusion in the District of Columbia Act
A BILL
To ensure equal protection of the law and prevent racism in the Government of the District of Columbia by prohibiting the Government of the District of Columbia from engaging in certain diversity, equity, or inclusion practices or conducting racial equity training, and for other purposes.
Sec. 2 Prohibition of diversity, equity, or inclusion practices
In general— The Government of the District of Columbia may not engage in any prohibited diversity, equity, or inclusion practice.
Funding prohibition— None of the funds available for obligation or expenditure by the District of Columbia government under any authority may be used to fund, directly or indirectly, any prohibited diversity, equity, or inclusion practice, or any entity which engages in any prohibited diversity, equity, or inclusion practice.
Definition— In this section, the term “prohibited diversity, equity, or inclusion practice” means—
discriminating for or against any person on the basis of race, color, ethnicity, religion, biological sex, or national origin;
requiring as a condition of employment, as a condition for promotion or advancement, or as a condition for speaking, making a presentation, or submitting written materials, that an employee undergo training, education, or coursework, or other pedagogy, that asserts that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged;
requiring as a condition of employment, as a condition for promotion or advancement, or as a condition for speaking, making a presentation, or submitting written materials, the signing of or assent to a statement, code of conduct, work program, or plan, or similar device that requires assent by the employee that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged;
taking or failing to take, or threatening to take or fail to take, any personnel action against any employee or applicant for employment because of the failure of the employee or applicant to—
complete training with respect to diversity, equity, or inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy;
complete training that asserts or requires trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged;
sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device with respect to diversity, equity, and inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy;
sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device that asserts or requires assent by the employee or applicant that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged;
take any other action that would require the treatment of any individual advantageously or disadvantageously on the basis of that individual’s race, color, ethnicity, religion, biological sex, or national origin; or
limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of an employment opportunity, or otherwise adversely affect the status of the individual as an employee, because of the race, color, ethnicity, religion, biological sex, or national origin of the individual;
maintaining an office, commission, bureau, division, or other organization to further promote or enforce any activity described in paragraphs (1) through (4); or
retaining or employing a consultant or advisor to further promote or enforce any activity described in paragraphs (1) through (4).
Sec. 3 Prohibition on DEI training
Prohibition on implementing DEI training— No training program or plan may be developed, implemented, distributed, published, established, or purchased by the Government of the District of Columbia—
with respect to diversity, equity, and inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; or
that asserts or requires the trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged.
Prohibition on requiring DEI training— No employee of the Government of the District of Columbia may be required to complete training under a program or plan established under this section—
with respect to diversity, equity, and inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; or
that asserts or requires the trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged.
Prohibition on funding DEI training— None of the funds available for obligation or expenditure by the District of Columbia government under any authority may be used for the purposes of developing, implementing, distributing, publishing or purchasing a training course—
relating to—
diversity, equity, inclusion, and accessibility;
a critical theory (relating to race, gender, or otherwise); or
intersectionality, sexual orientation, or gender identity; or
that asserts or requires trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior, inferior, oppressive, oppressed, privileged, or unprivileged.
Sec. 4 Conforming amendments to District of Columbia law
Repeal of laws relating to management of District of Columbia government employee pensions—
Definition of diverse emerging fund manager— Section 102(2B) of the Police Officers, Fire Fighters and Teachers Retirement Benefit Replacement Plan Act of 1998 (sec. 1–901.02(2B), D.C. Official Code) is hereby repealed.
Diverse emerging fund manager reporting requirement for District of Columbia Retirement Board— Section 142(b)(15) of such Act (sec. 1–909.02(b)(15), D.C. Official Code) is hereby repealed.
Repeal of laws relating to organization and administration of District of Columbia government—
Small and local business enterprise development and assistance—
Definitions— Section 2302 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 (sec. 2–218.02, D.C. Official Code) is amended by striking paragraphs (1F), (5), (5A), (7), and (8A).
Disadvantaged business enterprises— Section 2333 of such Act (sec. 2–218.33, D.C. Official Code) is hereby repealed.
Equity impact enterprises— Part D–i of such Act (sec. 2–218.77, D.C. Official Code) is hereby repealed.
Diversity requirement in solicitation of construction contracts— Section 606(b) of the Procurement Practices Reform Act of 2010 (sec. 2–356.06(b), D.C. Official Code) is amended—
by adding “and” at the end of paragraph (5);
in paragraph (6), by striking “and Equity Impact Enterprises; and” and inserting a period; and
by striking paragraph (7).
Latino Community Office— The District of Columbia Latino Community Development Act (sec. 2–1301 et seq., D.C. Official Code) is hereby repealed.
Office on Asian and Pacific Islander Affairs— The Office on Asian and Pacific Islander Affairs Establishment Act of 2001 (sec. 2–1371 et seq., D.C. Official Code) is hereby repealed.
Office of Gay, Lesbian, Bisexual, Transgender, and Questioning Affairs— The Office of Gay, Lesbian, Bisexual and Transgender Affairs Act of 2005 (sec. 2–1381 et seq., D.C. Official Code) is hereby repealed.
Office and Commission on African-American Affairs— The Office and Commission on African Affairs Act of 2006 (sec. 2–1391 et seq., D.C. Official Code) is hereby repealed.
Racial equity training in Office of Human Rights— Section 206b of the Office of Human Rights Establishment Act of 1999 (section 2–1411.05b, D.C. Official Code) is hereby repealed.
Office of Racial Equity and Commission on Racial Equality, Social Justice and Economic Inclusion— The Racial Equity Achieves Results (REACH) Amendment Act of 2020 (sec. 2–1471.01 et seq., D.C. Official Code) is hereby repealed.
Laws relating to District of Columbia boards and commissions—
Commission for Women— The District of Columbia Commission for Women Act of 1978 (sec. 3–701 et seq., D.C. Official Code) is hereby repealed.
Focus on LGBTQ patients in continuing education requirements for licenses issued by health occupations boards— Section 510(b) of the Health Occupations Revision Act of 1985 (sec. 3–1205.10(b), D.C. Official Code) is amended by striking paragraph (5).
Commission on Reparations— The Insurance Database Amendment Act of 2024 (sec. 3–1461 et seq., D.C. Official Code) is hereby repealed.
Laws relating to public care systems—
Priority for grants made by Office of Victim Services and Justice Grants— Section 3022(b)(2) of the Office of Victim Services and Justice Grants Transparency Act of 2022 (sec. 4–571.01(b)(2), D.C. Official Code) is amended—
in subparagraph (B), by striking clause (ii); and
in subparagraph (D), by striking clause (ii).
Homeless Services Reform Act of 2005—
Service needs of LGBTQ youth— Section 5 of such Act (sec. 4–752.02, D.C. Official Code) is amended—
in subsection (b)(1), by striking “and the number of LGBTQ homeless youth in the District”; and
by striking subsection (b–1).
Continuum of care for LGBTQ youth— Section 7(b) of such Act (sec. 4–753.01(b), D.C. Official Code) is amended by striking paragraph (6).
Shelter intake policies for LGBTQ individuals— Section 8(c) of such Act (sec. 4–753.02(c), D.C. Official Code) is amended—
by striking paragraph (1B); and
in paragraph (4), by striking “age, and whether an individual is an LGBTQ homeless youth,” and inserting “and age,”.
Training standards relating to LGBTQ youth— Section 12a of such Act (sec. 4–754.21a, D.C. Official Code) is amended—
in the matter preceding paragraph (1), by striking “with regard to the LGBTQ population”; and
by striking paragraphs (2) through (4).
Standards for providers of services to LGBTQ youth— Section 16a of such Act (sec. 4–754.25a, D.C. Official Code) is hereby repealed.
Transfer of clients— Section 20(a) of such Act (sec. 4–754.34(a), D.C. Official Code) is amended by striking paragraph (3).
Staff of Shelter Monitoring Units— Section 27d of the Homeless Services Reform Act of 2005 (sec. 4–754.54, D.C. Official Code) is amended—
in subsection (b), by striking “, and in sensitivity to the diversity of persons who are homeless in the District”; and
by striking subsection (c).
Minimum number of beds for LGBTQ youth— Section 28 of such Act (sec. 4–755.01, D.C. Official Code) is amended by striking subsection (c).
Board of Directors of Child Abuse and Neglect Prevention Children’s Trust Fund— Section 4(a) of the Child Abuse and Neglect Prevention Children’s Trust Fund Act of 1993 (sec. 4–1341.03(a), D.C. Official Code) is amended by striking “and shall reflect a diversity of gender and ethnicity”.
Laws relating to police, firefighters, medical examiner, and forensic services—
Community representatives on Police Officers Standards and Training Board— Section 204(b)(9)(D) of the Omnibus Police Reform Amendment Act of 2000 (sec. 5–107.03(b)(9)(D), D.C. Official Code) is amended by striking “or LGBTQ social services, policy, or advocacy”.
Preventing white supremacy in policing— Subtitle R of title I of the Comprehensive Policing and Justice Reform Amendment Act of 2022 (sec. 5–123.31 et seq., D.C. Official Code), is hereby repealed.
Laws relating to housing and building restrictions and regulations—
Local rent supplement program— Section 26c(f) of the District of Columbia Housing Authority Act of 1999 (sec. 6–228(f), D.C. Official Code) is amended by striking paragraph (2).
Community development objectives— Section 2(c)(6) of the District of Columbia Community Development Act of 1975 (sec. 6–1001(c)(6), D.C. Official Code) is amended by striking “diversity and”.
Laws relating to human health care and safety—
Treatment of LGBTQ seniors under Older Americans Act— Section 309 of the District of Columbia Act on the Aging (sec. 7–503.09, D.C. Official Code) is hereby repealed.
Report on health of LGBTQ community— Section 4902a of the Department of Health Functions Clarification Act of 2001 (sec. 7–731.01, D.C. Official Code) is amended—
by striking paragraph (3) of subsection (a);
by striking subsection (b); and
by striking paragraph (2) of subsection (c).
Commission on Health Equity— The Commission on Health Equity Amendment Act of 2016 (sec. 7–756.01 et seq., D. C. Official Code) is hereby repealed.
Perinatal Mental Health Task Force— Section 5042(a)(9) of the Perinatal Mental Health Task Force Establishment Act of 2022 (sec. 7–1234.02(a)(9), D.C. Official Code) is amended by striking “, encompassing the ability to serve the diversity of perinatal experiences of unique populations, including Black birthing people, Hispanic birthing people, pregnant and postpartum people of color, perinatal immigrant populations, adolescents who are pregnant and parenting, LGBTQIA+ birthing people, child welfare involved birthing people, disabled, justice involved, incarcerated, and homeless birthing people, and their non-birthing partners”.
Certification of drug treatment providers— Section 10 of the Choice in Drug Treatment Act of 2000 (sec. 7–3009, D.C. Official Code) is amended by striking subsection (c).
Greenhouse gas emission reductions— Section 109d of the District Department of the Environment Establishment Act of 2005 (sec. 8–151.09d, D.C. Official Code) is amended—
by striking subsection (c); and
by striking paragraph (3) of subsection (d).
Commemoration Task Force— The Commemoration Task Force Act of 2020 (sec. 9–251 et seq., D.C. Official Code) is hereby repealed.
Laws relating to educational institutions—
Expansion to universal pre-k— Section 301(d)(2) of the Pre-K Enhancement and Expansion Amendment Act of 2008 (sec. 38–273.01(d)(2), D.C. Official Code) is amended—
in subparagraph (A), by adding “and” at the end;
in subparagraph (B), by striking “; and” and inserting a period; and
by striking subparagraph (C).
Title IX athletic equity—
Nondiscrimination— Section 3 of the Title IX Athletic Equity Act of 2015 (sec. 38–841.02, D.C. Official Code) is amended by striking “sex, gender, or gender identity” and inserting “sex”.
Repeal of certain reporting requirements— Section 4 of such Act (sec. 38–841.03, D.C. Official Code) is hereby repealed.
Assessments of elementary and secondary school teaching workforce— Section 4195(f)(1) of the Teacher Preparation Act of 2021 (sec. 38–2254(f)(1), D.C. Official Code) is amended by striking “, which shall include an assessment of the District's progress toward achieving diversity in its elementary and secondary public school teachers that matches the demographics of the District's corresponding student population”.
Office of the State Superintendent—
Definition of LGBTQ— Section 2b of the State Education Office Establishment Act of 2000 (sec. 38–2601.02, D.C. Official Code) is amended by striking paragraph (2)(E).
Report on LGBTQ youth— Section 3(b) of such Act (sec. 38–2602(b), D.C. Official Code) is amended—
in paragraph (28), by striking subparagraph (C); and
by striking paragraph (31).
Consideration of racial equity in taxation, budget, and financial management—
Budget and financial management— Section 47–308.01, District of Columbia Official Code, is amended—
in subsection (a), by striking paragraph (3A) of subsection (a); and
by striking subsection (h).
Performance measures— Section 47–308.02, D.C. Official Code, is amended by striking subsection (g).
Performance accountability reports— Section 47–308.03(c)(1), District of Columbia Official Code, is amended by striking “, including those relating to achieving racial equity,”.
Duties of Tax Revision Commission— Section 47–462(b)(5), District of Columbia Official Code, is amended by striking “; Such criteria and framework shall consider racial equity impacts;” and inserting a period.
LGBTQ pride motor vehicle identification tags—
Issuance of tags— Section 2n of the District of Columbia Revenue Act of 1937 (sec. 50–1501.02n, D.C. Official Code) is hereby repealed.
Use of proceeds— Section 3 of such Act (sec. 50–1501.03, D.C. Official Code) is amended—
in subsection (a)(1), by striking subparagraph (R); and
in subsection (d), by striking paragraph (16).
Sec. 5 Conforming elimination of certain offices and commissions in District of Columbia government; prohibition on funding
Elimination of certain offices and commissions— The following offices and commissions in the Government of the District of Columbia are hereby abolished:
The Mayor’s Office of Racial Equity.
The Council Office of Racial Equity.
The Council Commission on Racial Equity, Social Justice, and Economic Inclusion.
The Commission on Reparations.
The Mayor’s Office on Latino Affairs.
The Commission on Latino Community Development.
The Mayor’s Office on Caribbean Community Affairs.
The Mayor’s Office on African-American Affairs.
The Commission on African-American Affairs.
The Mayor’s Office on African Affairs.
The Mayor’s Office on Asian and Pacific Islander Affairs.
The Commission on Asian and Pacific Islander Affairs.
The Commission on Asian and Pacific Islander Community Development.
The Mayor’s Office of Gay, Lesbian, Bisexual, Transgender and Questioning Affairs.
The Commission for Women.
The Commission on Health Equity.
Prohibition on establishing substantially similar offices or commissions— The Government of the District of Columbia may not establish a substantially similar successor office or commission to those referenced in subsection (a).
Prohibition of funding diversity, equity, and inclusion agencies— None of the funds available for obligation or expenditure by the District of Columbia government under any authority may be used for the purpose of maintaining in any agency an—
office relating to diversity, equity, inclusion, or accessibility or any substantially similar office;
maintaining or employing a chief diversity officer or a substantially similar officer;
developing, implementing, distributing, or publishing—
plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility; or
action plans, reports, or surveys relating to equity or substantially similar plans, reports, or surveys;
developing, implementing, or maintaining in any agency an employee resource group or an affinity group based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity; or
developing, implementing, or maintaining an equity team or a substantially similar team.
Sec. 6 Enforcement; private right of action
Enforcement— Any person alleging a violation of this Act, or any amendment made by this Act, may bring a civil action in the United States District Court for the District of Columbia.
Relief— In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award—
a Writ of Mandamus or other equitable or declaratory relief;
a minimum of $1,000 per violation per day;
reasonable attorney’s fees and litigation costs;
compensatory damages; and
all other appropriate relief.
Sec. 7 Rule of construction
Nothing in this Act or, any amendment made by this Act, shall be construed to prevent the maintenance and funding of—
any Equal Employment Opportunity office of the Government of the District of Columbia as historically organized and operated; or
an office of the Government of the District of Columbia enforcing the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or offices as historically organized and operated.
Sec. 8 Severability
If any provision of this Act or any amendment made by this Act, or the application of a provision of this Act or an amendment made by this Act to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provision or amendment to any person or circumstance, shall not be affected by the holding.
Sec. 9 Effective date
This Act, and the amendments made by this Act, shall take effect on the date that is 90 days after the date of the enactment of this Act.