What This Bill Does
This bill prohibits the federal government from discriminating against or giving advantages to people based on race, color, or national origin. It also prevents the federal government from requiring or encouraging federal contractors, subcontractors, and recipients of federal money to discriminate based on these same factors. The bill applies to federal contracts, federal jobs, federal programs, and educational institutions that receive federal money.
Who It Affects
The federal government and its officers, employees and agents. Federal contractors and subcontractors. Recipients of federal licenses or financial assistance. States and private entities receiving federal financial assistance. People who believe they have been discriminated against.
Key Provisions
• The federal government cannot intentionally discriminate against or give advantages to any person or group based on race, color, or national origin in federal contracts, federal jobs, or any federally conducted program or activity. (Sec. 2)
• The federal government cannot require or encourage federal contractors, subcontractors, or recipients of federal licenses or financial assistance to discriminate or grant advantages based on race, color, or national origin. (Sec. 2)
• States and private entities receiving federal money cannot discriminate or give advantages based on race, color, or national origin in contracts, jobs, or admission to educational institutions. (Sec. 3)
• Each federal department and agency head must review all existing policies and regulations within six months, change them to follow this law's requirements, and report the results to Congress. (Sec. 5)
• People who believe they have been harmed by a violation can file a civil lawsuit to get relief, including back pay, and winning plaintiffs can recover attorney's fees. (Sec. 6)
What Changes
Federal policies and regulations will be reviewed and changed to prohibit discrimination and advantages based on race, color, or national origin. Federal contractors and recipients of federal money will face restrictions on granting advantages based on these factors. People harmed by violations can sue for relief.
Important Definitions
"Federal Government" means the executive and legislative branches of the United States. "Preference" means any type of advantage, including quotas, set-asides, numerical goals, timetables, or other numerical objectives.
Effective Date
The bill provides that federal agencies must complete their policy review within six months after the bill becomes law. The bill states it does not affect court cases pending on the date it becomes law or contracts in effect on that date.
I
118TH CONGRESS
1ST SESSION H. R. 1524
To provide for equal protection of the law and to prohibit discrimination
and preferential treatment on the basis of race, color, or national origin
in Federal actions, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2023
Mr. TIFFANY (for himself, Mr. OWENS, Mrs. STEEL, and Mr. DONALDS) in-
troduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Oversight and Account-
ability, Education and the Workforce, and House Administration, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide for equal protection of the law and to prohibit
discrimination and preferential treatment on the basis
of race, color, or national origin in Federal actions, and
for other purposes.
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 ‘‘Fairness, Anti-dis-
4
crimination and Individual Rights Act of 2023’’ or ‘‘FAIR
5
Act of 2023’’.
6
VerDate Sep 11 2014
05:01 Mar 28, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1524.IH
H1524
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 1524 IH
SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND
1
PREFERENTIAL TREATMENT.
2
Notwithstanding any other provision of law, neither
3
the Federal Government nor any officer, employee, or
4
agent of the Federal Government shall—
5
(1) intentionally discriminate against, or grant
6
a preference to, any person or group based in whole
7
or in part on race, color, or national origin, in con-
8
nection with—
9
(A) a Federal contract or subcontract;
10
(B) Federal employment; or
11
(C) any other federally conducted program
12
or activity; or
13
(2) require or encourage a Federal contractor
14
or subcontractor, or the recipient of a license or fi-
15
nancial assistance, to discriminate intentionally
16
against, or grant a preference to, any person or
17
group based in whole or in part on race, color, or
18
national origin, in connection with any Federal con-
19
tract or subcontract or Federal license or financial
20
assistance.
21
SEC. 3. PROHIBITION RELATING TO RECIPIENTS OF FED-
22
ERAL AID.
23
A State or private entity that receives Federal finan-
24
cial assistance may not discriminate against, or grant a
25
preference to, any person or group based in whole or in
26
VerDate Sep 11 2014
05:01 Mar 28, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1524.IH
H1524
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 1524 IH
part on race, color, or national origin, in connection
1
with—
2
(1) any contract or subcontract;
3
(2) employment; or
4
(3) admission to any educational institution.
5
SEC. 4. CONSTRUCTION.
6
This Act does not affect any law governing immigra-
7
tion or nationality, or the administration of any such law.
8
SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULA-
9
TIONS.
10
Not later than 6 months after the date of enactment
11
of this Act, the head of each department or agency of the
12
Federal Government, in consultation with the Attorney
13
General, shall review all existing policies and regulations
14
that such department or agency head is charged with ad-
15
ministering, modify such policies and regulations to con-
16
form to the requirements of this Act, and report to the
17
Committee on the Judiciary of the House of Representa-
18
tives and the Committee on the Judiciary of the Senate
19
the results of the review and any modifications to the poli-
20
cies and regulations.
21
SEC. 6. REMEDIES.
22
(a) IN GENERAL.—Any person aggrieved by a viola-
23
tion of section 2 or 3 may, in a civil action against the
24
violator (including a violator that is a governmental enti-
25
VerDate Sep 11 2014
05:01 Mar 28, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1524.IH
H1524
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 1524 IH
ty), obtain appropriate relief (which may include back
1
pay). A prevailing plaintiff in a civil action under this sec-
2
tion shall be awarded a reasonable attorney’s fee as part
3
of the costs.
4
(b) CONSTRUCTION.—This section does not affect
5
any remedy available under any other law.
6
SEC. 7. EFFECT ON PENDING MATTERS.
7
(a) PENDING CASES.—This Act does not affect any
8
case pending on the date of enactment of this Act.
9
(b) PENDING CONTRACTS
AND SUBCONTRACTS.—
10
This Act does not affect any contract or subcontract in
11
effect on the date of enactment of this Act, including any
12
option exercised under such contract or subcontract before
13
or after such date of enactment.
14
SEC. 8. DEFINITIONS.
15
In this Act, the following definitions apply:
16
(1) FEDERAL GOVERNMENT.—The term ‘‘Fed-
17
eral Government’’ means executive and legislative
18
branches of the Government of the United States.
19
(2) PREFERENCE.—The term ‘‘preference’’
20
means an advantage of any kind, and includes a
21
quota, set-aside, numerical goal, timetable, or other
22
numerical objective.
23
Æ
VerDate Sep 11 2014
05:01 Mar 28, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1524.IH
H1524
pbinns on DSKJLVW7X2PROD with $$_JOB