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S. 1811Senate118th Congress (2023-2025)In Committee

Military Merit, Fairness, and Equality Act of 2023

Sponsored by Roger F. WickerSen. Roger F. Wicker (R-MS)
Introduced June 6, 2023

AI-Generated Summary

Updated January 20, 2026 at 8:26 AM UTC

The Military Merit, Fairness, and Equality Act of 2023 aims to ensure that all members of the armed forces, their families, and DoD civilian employees are treated based on merit and performance rather than race, sex, ethnicity, religion, or national origin. It defines “equity” as the right to participate in programs for which a person is qualified and prohibits the Department of Defense from requiring anyone to affirm that any group is inherently superior or inferior. The bill also bans training or policies that promote such tenets and requires that all personnel actions be based solely on individual merit.

Key Provisions

  • Defines “equity” as the right to participate in and benefit from programs for which a person is qualified.
  • Prohibits the DoD from directing anyone to affirm that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior.
  • Bars DoD entities from providing training or instruction that suggests such affirmations are required.
  • Forbids the DoD from making distinctions or classifications of personnel based on race, ethnicity, or national origin, while still allowing demographic data collection.
  • Requires all DoD personnel actions—including recruitment, promotion, assignment, and training—to be based exclusively on individual merit and demonstrated performance.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 6, 2023

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SenateIntro Referral

Introduced in Senate

June 6, 2023

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 6, 2023

Bill Text

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Introduced in SenateIssued June 6, 2023

II

118th CONGRESS

1st Session

S. 1811

IN THE SENATE OF THE UNITED STATES

June 6, 2023

Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

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 is defined as 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.