H.R. 701 – DEI Pay Cap Act of 2023

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Updated January 20, 2026 at 2:57 AM UTC

The DEI Pay Cap Act of 2023 would stop the Secretary of Defense from appointing military or civilian personnel above the rank of E‑5 (or civilian grade GS‑5) to positions that involve developing, leading, or delivering diversity, equity, and inclusion (DEI) programs. It applies to new appointments and requires any existing higher‑rank employees in such DEI roles to be moved to other jobs within 180 days of the law taking effect. The bill affects Department of Defense personnel who work on DEI policy, training, and related councils.

Key Provisions

Limits DEI‑related positions to employees at or below rank E‑5 (or civilian grade GS‑5) not adjusted for locality.
Defines DEI duties as creating policy, leading DEI working groups, and providing DEI training and workshops.
Requires any current employee above those ranks serving in DEI roles to be reassigned to a different position within 180 days of enactment.

Legislative Activity

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HouseIntro Referral Latest Action

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.

Armed Services Committee

February 1, 2023

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HouseIntro Referral

Introduced in House

February 1, 2023

HouseIntro Referral

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.

Armed Services Committee

February 1, 2023

Bill Text

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Introduced in HouseIssued February 1, 2023

I

118th CONGRESS

1st Session

H. R. 701

IN THE HOUSE OF REPRESENTATIVES

February 1, 2023

Mr. Banks 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 restrict the appointment of certain military personnel to diversity, equity, and inclusion positions.

1.

Short title

This Act may be cited as the DEI Pay Cap Act of 2023.

2.

Diversity, equity, and inclusion personnel grade cap

(a)

In general

The Secretary of Defense may not appoint to, or otherwise employ in, any position with duties as described in subsection (b) a military or civilian employee with a rank or grade in excess of E–5 base pay or GS–5 not adjusted for locality.

(b)

Covered duties

The duties referred to in subsection (a) are as follows:

(1)

Developing, refining, and implementing diversity, equity, and inclusion policy.

(2)

Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes.

(3)

Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for military and civilian personnel.

(c)

Applicability to current employees

Any military or civilian employee appointed to a position with duties described in subsection (b) who holds a rank or grade in excess of that allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act.