H.R. 5474 — No DEI in DC Act

This section prohibits the Government of the District of Columbia from engaging in any prohibited diversity, equity, or inclusion (DEI) practice and bars the use of any funds available to the D.C. government for such practices or for any entity engaging in them. It defines a prohibited DEI practice as (1) discriminating for or against any person on the basis of race, color, ethnicity, religion, biological sex, or national origin; (2) requiring employees to undergo training or pedagogy asserting that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged as a condition of employment, promotion, advancement, speaking, presenting, or submitting materials; (3) requiring employees to sign or assent to any statement, code of conduct, work program, or plan asserting the same; (4) taking or threatening personnel actions against employees or applicants for refusing specified DEI-related trainings, assents, or actions that discriminate based on protected characteristics or segregate/classify employees by them; (5) maintaining any office, commission, bureau, division, or organization to promote or enforce such activities; or (6) retaining or employing consultants or advisors to promote or enforce such activities.

This section prohibits the District of Columbia government from developing, implementing, distributing, publishing, establishing, or purchasing any training program or plan (1) related to diversity, equity, and inclusion; critical theory (relating to race, gender, or otherwise); intersectionality; sexual orientation or gender identity; or any substantially similar theory or policy; or (2) that asserts or requires trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged. It further prohibits requiring DC government employees to complete such training and using any available funds to develop, implement, distribute, publish, or purchase such training courses (including those related to diversity, equity, inclusion, and accessibility).

This section repeals or amends multiple provisions of District of Columbia law to eliminate diversity, equity, and inclusion requirements and offices. **(a)** It repeals definitions and reporting requirements for diverse emerging fund managers in the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Act of 1998. **(b)** It strikes definitions of disadvantaged business enterprises and equity impact enterprises from the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005; repeals related disadvantaged business enterprise and equity impact enterprise provisions; eliminates diversity requirements for construction contract solicitations under the Procurement Practices Reform Act of 2010; and repeals the District of Columbia Latino Community Development Act, Office on Asian and Pacific Islander Affairs Establishment Act of 2001, Office of Gay, Lesbian, Bisexual and Transgender Affairs Act of 2005, Office and Commission on African Affairs Act of 2006, racial equity training requirements in the Office of Human Rights Establishment Act of 1999, and Racial Equity Achieves Results (REACH) Amendment Act of 2020. **(c)** It repeals the District of Columbia Commission for Women Act of 1978 and Insurance Database Amendment Act of 2024 (establishing a Commission on Reparations); and strikes LGBTQ patient focus from continuing education requirements for health occupations licenses under the Health Occupations Revision Act of 1985. **(d)** It strikes priority considerations for certain grants from the Office of Victim Services and Justice Grants Transparency Act of 2022; removes multiple LGBTQ youth-specific provisions (e.g., service needs reporting, continuum of care, shelter intake policies, training standards, provider standards, client transfers, staff sensitivity requirements, and minimum bed allocations) from the Homeless Services Reform Act of 2005; and strikes diversity requirements from the Board of Directors of the Child Abuse and Neglect Prevention Children’s Trust Fund Act of 1993. **(e)** It strikes LGBTQ social services representation from the Police Officers Standards and Training Board under the Omnibus Police Reform Amendment Act of 2000.

This section abolishes 16 specified offices and commissions in the District of Columbia government, including those related to racial equity (e.g., Mayor’s Office of Racial Equity, Council Commission on Racial Equity, Social Justice, and Economic Inclusion, and Commission on Reparations), Latino, Caribbean, African-American, African, Asian and Pacific Islander community affairs, gay, lesbian, bisexual, transgender, and questioning affairs, women, and health equity. It further (1) prohibits the DC government from establishing substantially similar successor offices or commissions and (2) bars the use of any DC government funds for diversity, equity, inclusion, or accessibility (DEIA) activities, including maintaining DEIA offices or chief diversity officers, developing or publishing DEIA plans, reports, or surveys or substantially similar equity documents, or supporting employee resource or affinity groups or equity teams based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity.

This section establishes a private right of action allowing any person alleging a violation of the Act to bring a civil action in the U.S. District Court for the District of Columbia. If the plaintiff prevails, the court may award (1) a writ of mandamus or other equitable or declaratory relief; (2) a minimum of $1,000 per violation per day; (3) reasonable attorney’s fees and litigation costs; (4) compensatory damages; and (5) all other appropriate relief.

This section provides a rule of construction stating that nothing in this Act or its amendments shall be construed to prevent the maintenance and funding of (1) any Equal Employment Opportunity office of the District of Columbia government as historically organized and operated, or (2) any District of Columbia government office enforcing the Americans with Disabilities Act or similar programs as historically organized and operated.

This section provides a severability clause stating that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and the application of its provisions to other persons or circumstances remain unaffected.