I 
118TH CONGRESS 
1ST SESSION H. R. 2712 
To enact into law the requirements of the Executive order issued on Sep-
tember 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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 19, 2023 
Mr. HERN (for himself, Mr. BANKS, Mr. ELLZEY, Mr. VAN DREW, Mr. NOR-
MAN, Mr. BABIN, Mr. DUNCAN, Mrs. HARSHBARGER, Mr. ROSENDALE, 
Mr. TIMMONS, Mr. OGLES, Mr. GROTHMAN, Mr. BISHOP of North Caro-
lina, Mr. GOSAR, Mr. GOOD of Virginia, Mrs. MILLER of Illinois, Mr. 
NEHLS, Ms. GREENE of Georgia, Mrs. LESKO, Mr. ARRINGTON, Mr. 
WILSON of South Carolina, Mr. WALBERG, Mr. ROUZER, Mr. ALFORD, 
and Mr. FRY) introduced the following bill; which was referred to the 
Committee on Oversight and Accountability, and in addition to the Com-
mittees on Armed Services, and Education and the Workforce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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 Fed-
eral funds to carry out Executive Orders 13985, 14035, 
and 14091, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Work Not Woke Act’’. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act: 
(1) AGENCY.—The term ‘‘agency’’ means any 
department, agency, instrumentality, or establish-
ment of the executive branch of Government. 
(2) DIVISIVE CONCEPTS.— 
(A) The term ‘‘divisive concepts’’ means 
the concepts that— 
(i) one race or sex is inherently supe-
rior to another race or sex; 
(ii) the United States is fundamen-
tally racist or sexist; 
(iii) an individual, by virtue of his or 
her race or sex, is inherently racist, sexist, 
or oppressive, whether consciously or un-
consciously; 
(iv) an individual should be discrimi-
nated against or receive adverse treatment 
solely or partly because of his or her race 
or sex; 
(v) members of one race or sex cannot 
and should not attempt to treat others 
without respect to race or sex; 
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(vi) an individual’s moral character is 
necessarily determined by his or her race 
or sex; 
(vii) an individual, by virtue of his or 
her race or sex, bears responsibility for ac-
tions committed in the past by other mem-
bers of the same race or sex; 
(viii) any individual should feel dis-
comfort, guilt, anguish, or any other form 
of psychological distress on account of his 
or her race or sex; or 
(ix) meritocracy or traits such as a 
hard work ethic are racist or sexist, or 
were created by a particular race to op-
press another race. 
(B) The term ‘‘divisive concepts’’ also in-
cludes any other form of race or sex stereo-
typing or any other form of race or sex 
scapegoating. 
(3) OMB.—The term ‘‘OMB’’ means the Office 
of Management and Budget. 
(4) OPM.—The term ‘‘OPM’’ means the Office 
of Personnel Management. 
(5) RACE OR SEX STEREOTYPING.—The term 
‘‘race or sex stereotyping’’ means ascribing character 
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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. 
(6) 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 simi-
larly encompasses any claim that, consciously or un-
consciously, and by virtue of his or her race or sex, 
members of any race are inherently racist or are in-
herently inclined to oppress others, or that members 
of a sex are inherently sexist or inclined to oppress 
others. 
(7) SENIOR POLITICAL APPOINTEE.—The term 
‘‘senior political appointee’’ means an individual ap-
pointed by the President, or a non-career member of 
the Senior Executive Service (or agency-equivalent 
system). 
SEC. 3. REQUIREMENTS FOR THE UNITED STATES UNI-
FORMED 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 Serv-
ices, whether serving on active duty, serving on reserve 
duty, attending a military service academy, or attending 
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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 Uni-
formed Services shall face any penalty or discrimination 
on account of his or her refusal to support, believe, en-
dorse, embrace, confess, act upon, or otherwise assent to 
such concepts. 
SEC. 4. REQUIREMENTS FOR GOVERNMENT CONTRACTORS. 
(a) IN GENERAL.—Except in contracts exempted in 
the manner provided by section 204 of Executive Order 
11246 of September 24, 1965 (Equal Employment Oppor-
tunity), all Government contracting agencies shall include 
in every Government contract hereafter entered into the 
following provisions: ‘‘During the performance of this con-
tract, the contractor agrees as follows: 
‘‘(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 op-
pressive, whether consciously or unconsciously; 
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‘‘(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 com-
mitted 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 psycho-
logical 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. 
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, and 
the term ‘race or sex scapegoating’ means assigning 
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fault, blame, or bias to a race or sex, or to members 
of a race or sex because of their race or sex. 
‘‘(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 com-
mitments under the Work Not Woke Act, and shall 
post copies of the notice in conspicuous places avail-
able to employees and applicants for employment. 
‘‘(3) In the event of the contractor’s noncompli-
ance 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 in-
voked as provided by any rules, regulations, or or-
ders the Secretary of Labor has issued or adopted 
pursuant to Executive Order 11246, including sub-
part D of that order. 
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‘‘(4) The contractor will include the provisions 
of paragraphs (1) through (4) in every subcontract 
or purchase order unless exempted by rules, regula-
tions, or orders of the Secretary of Labor, so that 
such provisions will be binding upon each subcon-
tractor or vendor. The contractor will take such ac-
tion 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.’’. 
(b) HOTLINE.—The Department of Labor shall, 
through the Office of Federal Contract Compliance Pro-
grams, establish a hotline and investigate complaints re-
ceived 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 obliga-
tions under those orders. The Department shall take ap-
propriate enforcement action and provide remedial relief, 
as appropriate. 
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(c) 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 re-
quest 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 infor-
mation about the duration, frequency, and expense of such 
activities. 
SEC. 5. REQUIREMENTS FOR FEDERAL GRANTS. 
(a) IN GENERAL.—The heads of all agencies shall re-
view their respective grant programs and identify pro-
grams for which the agency may, as a condition of receiv-
ing such a grant, require the recipient to certify that it 
will not use Federal funds to promote the concepts that— 
(1) one race or sex is inherently superior to an-
other race or sex; 
(2) an individual, by virtue of his or her race 
or sex, is inherently racist, sexist, or oppressive, 
whether consciously or unconsciously; 
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(3) an individual should be discriminated 
against or receive adverse treatment solely or partly 
because of his or her race or sex; 
(4) members of one race or sex cannot and 
should not attempt to treat others without respect to 
race or sex; 
(5) an individual’s moral character is nec-
essarily determined by his or her race or sex; 
(6) 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; 
(7) any individual should feel discomfort, guilt, 
anguish, or any other form of psychological distress 
on account of his or her race or sex; or 
(8) meritocracy or traits such as a hard work 
ethic are racist or sexist, or were created by a par-
ticular race to oppress another race. 
(b) SUBMISSION OF LIST.—Not later than 60 days 
after the date of enactment of this Act, the heads of agen-
cies shall each submit a report to the Director of the Of-
fice of Management and Budget that lists all grant pro-
grams so identified. 
SEC. 6. REQUIREMENTS FOR AGENCIES. 
(a) IN GENERAL.—The fair and equal treatment of 
individuals is an inviolable principle that must be main-
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tained 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: 
(1) 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 agen-
cy, agency employees while on duty status, and any 
contractors hired by the agency to provide training, 
workshops, forums, or similar programming to agen-
cy employees do not teach, advocate, act upon, or 
promote in any training to agency employees any di-
visive concepts. Agencies may consult with OPM, 
pursuant to section 4116 of title 5, United States 
Code, in carrying out this provision. 
(2) 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. 
(b) OPM REGULATIONS.—The Director of OPM 
shall propose regulations providing that agency officials 
with supervisory authority over a supervisor or an em-
ployee with responsibility for promoting diversity and in-
clusion, if such supervisor or employee either authorizes 
or approves training that promotes divisive concepts, shall 
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take appropriate steps to pursue a performance-based ad-
verse action proceeding against such supervisor or em-
ployee under chapter 43 or 75 of title 5, United States 
Code. 
(c) REQUIREMENTS.—Each agency head shall— 
(1) issue an order incorporating the require-
ments of this Act into agency operations, including 
by making compliance with this Act a provision in 
all agency contracts for diversity training; 
(2) request that the agency inspector general 
thoroughly review and assess by the end of the cal-
endar 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 
(3) assign at least one senior political appointee 
responsibility for ensuring compliance with the re-
quirements of this Act. 
SEC. 7. OMB AND OPM REVIEW OF AGENCY TRAINING. 
(a) OPM REVIEW.—Consistent with OPM’s author-
ity 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. 
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(b) CONTRACTOR VIOLATION.—If a contractor pro-
vides 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 con-
tractor, consistent with applicable law and regulations, 
and in consultation with the Interagency Suspension and 
Debarment Committee. 
(c) 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 train-
ing 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. 
(d) 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 
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Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). If 
appropriate, the Attorney General and the Equal Employ-
ment Opportunity Commission shall issue publicly avail-
able guidance to assist employers in better promoting di-
versity 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): 
(1) Executive Order 13985 (relating to Advanc-
ing Racial Equity and Support for Underserved 
Communities Through the Federal Government). 
(2) Executive Order 14035 (relating to Diver-
sity, Equity, Inclusion, and Accessibility in the Fed-
eral Workforce). 
(3) Executive Order 14091 (relating to Further 
Advancing Racial Equity and Support for Under-
served Communities Through the Federal Govern-
ment). 
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SEC. 11. GENERAL PROVISIONS. 
(a) APPLICATION.—This Act does not prevent agen-
cies, the United States Uniformed Services, or contractors 
from promoting racial, cultural, or ethnic diversity or in-
clusiveness, provided such efforts are consistent with the 
requirements of this Act. 
(b) OBJECT DISCUSSION PERMITTED.—Nothing in 
this Act shall be construed to prohibit discussing, as part 
of a larger course of academic instruction, divisive con-
cepts in an objective manner and without endorsement. 
(c) EXPRESSIVE ASSOCIATION.—This Act shall be 
construed and applied consistent with First Amendment 
protections of the right of expressive association. 
(d) SEVERABILITY.—If any provision of this Act, or 
the application of any provision to any person or cir-
cumstance, 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. 
Æ 
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