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S. 221Senate118th Congress (2023-2025)In Committee

DEI Pay Cap Act of 2023

Sponsored by Tom CottonSen. Tom Cotton (R-AR)
Introduced February 1, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:54 AM UTC

The DEI Pay Cap Act of 2023 limits who can be placed in diversity, equity, and inclusion (DEI) roles within the Department of Defense. It bars the Secretary of Defense from appointing any military member above the rank of E‑5 or any civilian employee above the GS‑5 grade to DEI positions. The bill also requires that any existing personnel in those roles who exceed the rank or grade limit be moved to a different position within 180 days of the law’s enactment.

Key Provisions

  • The Secretary of Defense may not appoint or employ any military or civilian employee above E‑5 base pay or GS‑5 (non‑locality adjusted) in DEI duties.
  • DEI duties are defined as developing DEI policy, leading DEI working groups and councils, and creating DEI training and workshops for military and civilian staff.
  • Any current employee holding a higher rank or grade who is in a DEI role must be reassigned to a different position no later than 180 days after the act takes effect.

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

February 1, 2023

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SenateIntro Referral

Introduced in Senate

February 1, 2023

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

February 1, 2023

Bill Text

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Introduced in SenateIssued February 1, 2023

II

118th CONGRESS

1st Session

S. 221

IN THE SENATE OF THE UNITED STATES

February 1, 2023

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

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 develop 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.