Military Merit, Fairness, and Equality Act of 2023

To ensure treatment in the military based on merit and performance, and for other purposes. 1. Short title This Act may be cited as the Military Merit, Fairness, and Equality Act of 2023 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. 3. Definition of equity For the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term equity the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified 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. 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.

Summary: Military Merit, Fairness, and Equality Act of 2023 This bill prohibits the Department of Defense (DOD) from directing or otherwise compelling any member of the Armed Forces, military dependent, or civilian DOD employee to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior. No organization or institution under DOD authority may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that any member of the Armed Forces, military dependent, or civilian DOD employee should affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior. Additionally, such organizations or institutions are prohibited from making a distinction or classification of members of the Armed Forces, military dependents, or civilian DOD employees based on race, ethnicity, or national origin. All DOD personnel actions must be based exclusively on individual merit and demonstrated performance.