Merit Restoration Act

Section 2(a)(1) and Section 2(a)(2) prohibit Federal research agencies and grant recipients from discriminating for or against any person based on race, color, ethnicity, religion, biological sex, or national origin. This might be seen as positive because it protects individuals from discrimination based on these specific traits in research grants.

Section 2(a)(2) and Section 2(d)(3)(B) stop grant recipients from requiring employees to undergo training or education that asserts a particular race, color, ethnicity, religion, biological sex, or national origin is inherently superior, inferior, oppressive, or privileged as a condition of employment, promotion, or presentation. This might be considered positive for workers who do not want to be forced into taking such training.

Section 2(a)(2) and Section 2(d)(3)(C) prevent grant recipients from forcing employees to sign or assent to statements or codes of conduct claiming that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently superior, inferior, oppressive, or privileged to keep their jobs or advance. This could be viewed as a positive protection for employee free expression and choice.

Section 2(b)(1) requires Federal research agencies to freeze the receipt of Federal funds for a research grant if a recipient is alleged to have used a prohibited diversity, equity, or inclusion practice. This could be viewed as negative because it cuts off funding before a final determination of a violation is made.

Section 2(b)(2) mandates that if a Federal research agency determines a recipient committed a violation, the agency must require the recipient to repay any Federal funds used pursuant to the violation. This might be seen as a negative financial burden on the individuals or groups working on the research grant if funds must be paid back.