I 118th CONGRESS 1st Session H. R. 3278 IN THE HOUSE OF REPRESENTATIVES May 11, 2023 Mr. Waltz introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Oversight and Accountability , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To limit the use of military personnel for certain purposes, to direct the Secretary of Defense to appoint a Director of COVID Policy of the Department of Defense, and to limit environmental projects of such Department.

1. Short title This Act may be cited as the Working to Address Recruiting and Retention to Improve Our Readiness Act or the WARRIOR Act . 2. Sense of Congress It is the sense of Congress that— (1) throughout history, men and women of all colors, creeds, races, and religions have helped build, defend, and define our great Nation; (2) the rich diversity we see in American society today has been greatly influenced by the Constitution and the merit-based structure of our Armed Forces; (3) recent, perhaps well-intentioned, diversity, equity, and inclusion programs within the Department have caused greater division within the Armed Forces; (4) some of these programs are diverting focus and resources away from force readiness against our potential adversaries; (5) the Armed Forces should provide equal opportunity for all members; (6) advancement and selection in the Armed Forces should be based solely on merit; (7) photos of members should not considered by promotion and selection boards; and (8) the needs of the Armed Forces should always take precedence over meeting artificially derived quotas for diversity. 3. Limitations on use of military personnel for certain purposes (a) Prohibitions on uses of Federal funds No Federal funds may be used to— (1) take into consideration the race, ethnicity, color, national origin, or gender of an individual when making a determination regarding a military accession, assignment, selection, or promotion; (2) promote critical race theory at a Service Academy, in military training, or in professional military education; or (3) investigate extremism in the Armed Forces or Department of Defense. (b) Gender-Neutral physical standards Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall establish gender-neutral physical readiness standards that ensure members can perform the duties of their respective military occupational specialties. (c) DEI hiring freeze Effective on the date of the enactment of this Act, the Secretary of Defense shall freeze the number of civilian employees of the Department of Defense who perform tasks related to DEI. Thereafter, the Secretary may hire only one such employee for every 2,000 members who join the Armed Forces. (d) DEI report Not later than December 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on programs of the Department of Defense related to DEI. Such report shall include the following: (1) The number of such programs. (2) The number of personnel assigned to carry out such programs. (3) The number of personnel hours spent on each such program. (4) The total costs to the Federal Government for such programs. (e) Instructors at Service Academies The Superintendent of a Service Academy may not employ as an instructor at such Service Academy an individual who is not a member of the Armed Forces or a civilian employee of the Department of Defense unless the Superintendent determines no such member or employee may be adequately trained for such purpose. (f) Definitions In this section: (1) The term critical race theory means the theory that individuals, by virtue of race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other individuals of such race, ethnicity, color, or national origin. (2) The term DEI means diversity, equity, and inclusion. (3) The term Service Academy has the meaning given such term in section 347 of title 10, United States Code. 4. Appointment of Director of COVID Policy of the Department of Defense The Secretary of Defense shall appoint a Director of COVID Policy to determine and take any action the Director determines appropriate regarding a member of the Armed Forces involuntarily separated solely on the basis of refusing to receive a vaccination against COVID-19. Such actions may include reinstatement and payment of back pay. 5. Limitation on environmental projects of the Department of Defense No Federal funds may be used for any environmental project of the Department of Defense unless the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives a report in which the Secretary that contains— (1) a cost-benefit analysis of such project; and (2) the certification of the Secretary that such project— (A) improves readiness; and (B) is the least costly option.