FAIR Act of 2023

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. 1. Short title This Act may be cited as the Fairness, Anti-discrimination and Individual Rights Act of 2023 FAIR Act of 2023 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. 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. 4. Construction This Act does not affect any law governing immigration or nationality, or the administration of any such law. 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. 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. 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. 8. Definitions In this Act, the following definitions apply: (1) Federal government The term Federal Government (2) Preference The term preference

Summary: Fairness, Anti-discrimination and Individual Rights Act of 2023 or FAIR Act of 2023 This bill prohibits the federal government and federally funded entities from discriminating against, or giving preference to, any person or group on the basis of race, color, or national origin with respect to contracts, employment, or other relevant activities. Federal agencies must review and modify their policies to conform with the bill's requirements. The bill also provides a private right of action for violations. The bill defines preference as an advantage of any kind, including quotas, set-asides, numerical goals, timetables, or other numerical objectives.