FAIR Act of 2023

Subjects: Civil Rights and Liberties, Minority Issues


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1524 Introduced in House (IH)]

&lt;DOC&gt;






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) 
 introduced the following bill; which was referred to the Committee on 
   the Judiciary, and in addition to the Committees on Oversight and 
Accountability, 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 committee 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness, Anti-discrimination and 
Individual Rights Act of 2023'' or ``FAIR Act of 2023''.

SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT.

    Notwithstanding any other provision of law, neither the Federal 
Government nor any officer, employee, or agent of the Federal 
Government shall--
            (1) intentionally discriminate against, or grant a 
        preference to, any person or group based in whole or in part on 
        race, color, or national origin, in connection with--
                    (A) a Federal contract or subcontract;
                    (B) Federal employment; or
                    (C) any other federally conducted program or 
                activity; or
            (2) require or encourage a Federal contractor or 
        subcontractor, or the recipient of a license or financial 
        assistance, to discriminate intentionally against, or grant a 
        preference to, any person or group based in whole or in part on 
        race, color, or national origin, in connection with any Federal 
        contract or subcontract or Federal license or financial 
        assistance.

SEC. 3. PROHIBITION RELATING TO RECIPIENTS OF FEDERAL AID.

    A State or private entity that receives Federal financial 
assistance may not discriminate against, or grant a preference to, any 
person or group based in whole or in part on race, color, or national 
origin, in connection with--
            (1) any contract or subcontract;
            (2) employment; or
            (3) admission to any educational institution.

SEC. 4. CONSTRUCTION.

    This Act does not affect any law governing immigration or 
nationality, or the administration of any such law.

SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS.

    Not later than 6 months after the date of enactment of this Act, 
the head of each department or agency of the Federal Government, in 
consultation with the Attorney General, shall review all existing 
policies and regulations that such department or agency head is charged 
with administering, modify such policies and regulations to conform to 
the requirements of this Act, and report to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the results of the review and any modifications 
to the policies and regulations.

SEC. 6. REMEDIES.

    (a) In General.--Any person aggrieved by a violation of section 2 
or 3 may, in a civil action against the violator (including a violator 
that is a governmental entity), obtain appropriate relief (which may 
include back pay). A prevailing plaintiff in a civil action under this 
section shall be awarded a reasonable attorney's fee as part of the 
costs.
    (b) Construction.--This section does not affect any remedy 
available under any other law.

SEC. 7. EFFECT ON PENDING MATTERS.

    (a) Pending Cases.--This Act does not affect any case pending on 
the date of enactment of this Act.
    (b) Pending Contracts and Subcontracts.--This Act does not affect 
any contract or subcontract in effect on the date of enactment of this 
Act, including any option exercised under such contract or subcontract 
before or after such date of enactment.

SEC. 8. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Federal government.--The term ``Federal Government'' 
        means executive and legislative branches of the Government of 
        the United States.
            (2) Preference.--The term ``preference'' means an advantage 
        of any kind, and includes a quota, set-aside, numerical goal, 
        timetable, or other numerical objective.
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