Advisory Committees Free of ESG Act of 2023

Subjects: Government Operations and Politics

Summary:  <p><strong>Advisory Committees Free of ESG Act of 2023</strong></p> <p>This bill prohibits the establishment of federal advisory committees on the basis of environmental, social, and governance aspects and provides for the termination of any existing advisory committees authorized or implemented on such basis.</p> <p>Additionally, the bill authorizes civil actions seeking a determination that an advisory committee was authorized, permitted, or implemented in violation of such provision. The court must order any such advisory committee to be terminated immediately upon such determination.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1506 Introduced in House (IH)]

&lt;DOC&gt;






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 
       referred to the Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL


 
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.

    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 ``Advisory Committees Free of ESG Act 
of 2023''.

SEC. 2. AMENDMENT TO FACA.

    (a) Amendment.--Section 1003 of title 5, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) An advisory committee may not be established on the basis of 
environmental, social, and governance aspects.
    ``(e) In this section:
            ``(1) The term `environmental' includes anything related 
        to--
                    ``(A) emissions of greenhouse gases, including--
                            ``(i) carbon dioxide;
                            ``(ii) methane;
                            ``(iii) nitrous oxide;
                            ``(iv) nitrogen trifluoride;
                            ``(v) hydrofluorocarbons;
                            ``(vi) perfluorocarbons; and
                            ``(vii) sulfur hexafluoride;
                    ``(B) climate change; and
                    ``(C) environmental justice.
            ``(2) The term `governance' means how a private entity is 
        run, including the structure and composition of the entity 
        based on race, color, national origin, or sex and how 
        compensation is made.
            ``(3) The term `social' includes anything related to--
                    ``(A) race, ethnicity, gender identity, sexual 
                orientation, or socioeconomic standards;
                    ``(B) ideologies that oppose equal protection of 
                the law or support discrimination on the basis of race, 
                color, national origin, or sex; and
                    ``(C) critical race theory, social justice, or 
                similar ideologies.''.
    (b) Termination of Existing Advisory Committees.--
            (1) Termination by administrator.--If the Administrator 
        finds that the head of an agency, chair of an advisory 
        committee, or any advisory committee authorized, permitted, or 
        implemented an advisory committee described in section 1003(d) 
        of title 5, United States Code, as added by subsection (a), as 
        of the date of the enactment of this Act, the Administrator 
        shall immediately terminate that advisory committee.
            (2) Determination by inspector general.--If the Inspector 
        General for the agency that established the advisory committee 
        finds that the head of an agency, chair of an advisory 
        committee, or any advisory committee authorized, permitted, or 
        implemented an advisory committee described in such section 
        1003(d), as of the date of the enactment of this Act, the 
        Administrator shall immediately terminate that advisory 
        committee.
            (3) Civil action.--
                    (A) In general.--Any person may bring an action in 
                an appropriate district court of the United States 
                seeking a determination that an advisory committee was 
                authorized, permitted, or implemented in violation of 
                section 1003(d) of title 5, United States Code, or that 
                an Administrator, the head of an agency, the chair of 
                an advisory committee, or an advisory committee did not 
                terminate an advisory committee that is in violation of 
                such section. If the court, following an evidentiary 
                hearing, determines that there was a violation of such 
                section the court shall order the advisory committee to 
                be terminated immediately.
                    (B) Applicability.--An action under subparagraph 
                (A) may be brought with respect to any advisory 
                committee beginning on the date of the enactment of 
                this Act.
            (4) Administrator defined.--In this section the term 
        ``Administrator'' means the Administrator of General Services.
                                 &lt;all&gt;
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