What This Bill Does
This bill changes the Federal Advisory Committee Act to stop the government from creating advisory committees (groups that give advice to agencies) focused on environmental, social, and governance topics. The bill also requires the termination of any existing advisory committees that meet this description.
Who It Affects
Federal agencies and their leadership, chairs of advisory committees, the Administrator of General Services, Inspectors General (officials who investigate agency wrongdoing), and any person who wants to challenge an advisory committee in court.
Key Provisions
• Federal agencies cannot establish advisory committees based on environmental, social, and governance aspects (Sec. 2(a))
• The Administrator of General Services must immediately terminate any existing advisory committee that falls under the banned categories as of the bill's enactment date (Sec. 2(b)(1))
• The Inspector General of an agency can determine that a committee violates the ban, triggering immediate termination by the Administrator (Sec. 2(b)(2))
• Any person can file a lawsuit in federal court to challenge whether an advisory committee violates this ban, and a court can order immediate termination if it finds a violation (Sec. 2(b)(3))
What Changes
Federal agencies lose the ability to create advisory committees focused on environmental topics (greenhouse gas emissions, climate change, environmental justice), social topics (race, ethnicity, gender identity, sexual orientation, socioeconomic standards, and certain ideologies), or governance topics (how private entities are structured based on race, color, national origin, sex, or compensation practices). Existing committees meeting these criteria must be terminated immediately.
Important Definitions
• Environmental: Includes greenhouse gas emissions (carbon dioxide, methane, nitrous oxide, nitrogen trifluoride, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride), climate change, and environmental justice
• Governance: How a private entity is run, including its structure and composition based on race, color, national origin, or sex, and how compensation is made
• Social: Includes anything related to race, ethnicity, gender identity, sexual orientation, or socioeconomic standards; ideologies opposing equal protection of the law or supporting discrimination based on race, color, national origin, or sex; and critical race theory, social justice, or similar ideologies
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1506
To amend section 1003 of title 5, United States Code (commonly referred
to as the Federal Advisory Committee Act), to prohibit the establishment
of advisory committees related to environmental, social, and governance
aspects.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2023
Mr. JACKSON of Texas (for himself, Mr. NEHLS, Mrs. BOEBERT, Mr. FRY,
Mr. HIGGINS of Louisiana, Mr. CRAWFORD, Mr. ELLZEY, Mr. MOORE of
Alabama, and Mr. DONALDS) introduced the following bill; which was re-
ferred to the Committee on Oversight and Accountability
A BILL
To amend section 1003 of title 5, United States Code (com-
monly referred to as the Federal Advisory Committee
Act), to prohibit the establishment of advisory commit-
tees related to environmental, social, and governance as-
pects.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Advisory Committees
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Free of ESG Act of 2023’’.
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•HR 1506 IH
SEC. 2. AMENDMENT TO FACA.
1
(a) AMENDMENT.—Section 1003 of title 5, United
2
States Code, is amended by adding at the end the fol-
3
lowing new subsection:
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‘‘(d) An advisory committee may not be established
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on the basis of environmental, social, and governance as-
6
pects.
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‘‘(e) In this section:
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‘‘(1) The term ‘environmental’ includes any-
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thing related to—
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‘‘(A) emissions of greenhouse gases, in-
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cluding—
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‘‘(i) carbon dioxide;
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‘‘(ii) methane;
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‘‘(iii) nitrous oxide;
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‘‘(iv) nitrogen trifluoride;
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‘‘(v) hydrofluorocarbons;
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‘‘(vi) perfluorocarbons; and
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‘‘(vii) sulfur hexafluoride;
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‘‘(B) climate change; and
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‘‘(C) environmental justice.
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‘‘(2) The term ‘governance’ means how a pri-
22
vate entity is run, including the structure and com-
23
position of the entity based on race, color, national
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origin, or sex and how compensation is made.
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•HR 1506 IH
‘‘(3) The term ‘social’ includes anything related
1
to—
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‘‘(A) race, ethnicity, gender identity, sexual
3
orientation, or socioeconomic standards;
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‘‘(B) ideologies that oppose equal protec-
5
tion of the law or support discrimination on the
6
basis of race, color, national origin, or sex; and
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‘‘(C) critical race theory, social justice, or
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similar ideologies.’’.
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(b) TERMINATION OF EXISTING ADVISORY COMMIT-
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TEES.—
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(1) TERMINATION BY ADMINISTRATOR.—If the
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Administrator finds that the head of an agency,
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chair of an advisory committee, or any advisory com-
14
mittee authorized, permitted, or implemented an ad-
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visory committee described in section 1003(d) of
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title 5, United States Code, as added by subsection
17
(a), as of the date of the enactment of this Act, the
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Administrator shall immediately terminate that advi-
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sory committee.
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(2) DETERMINATION
BY
INSPECTOR
GEN-
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ERAL.—If the Inspector General for the agency that
22
established the advisory committee finds that the
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head of an agency, chair of an advisory committee,
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or any advisory committee authorized, permitted, or
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•HR 1506 IH
implemented an advisory committee described in
1
such section 1003(d), as of the date of the enact-
2
ment of this Act, the Administrator shall imme-
3
diately terminate that advisory committee.
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(3) CIVIL ACTION.—
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(A) IN GENERAL.—Any person may bring
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an action in an appropriate district court of the
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United States seeking a determination that an
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advisory committee was authorized, permitted,
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or implemented in violation of section 1003(d)
10
of title 5, United States Code, or that an Ad-
11
ministrator, the head of an agency, the chair of
12
an advisory committee, or an advisory com-
13
mittee did not terminate an advisory committee
14
that is in violation of such section. If the court,
15
following an evidentiary hearing, determines
16
that there was a violation of such section the
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court shall order the advisory committee to be
18
terminated immediately.
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(B) APPLICABILITY.—An action under
20
subparagraph (A) may be brought with respect
21
to any advisory committee beginning on the
22
date of the enactment of this Act.
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•HR 1506 IH
(4) ADMINISTRATOR DEFINED.—In this section
1
the term ‘‘Administrator’’ means the Administrator
2
of General Services.
3
Æ
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