FAIR Act of 2025

119 HR 711 IH: Fairness, Anti-discrimination and Individual Rights Act of 2025 U.S. House of Representatives 2025-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I119th CONGRESS1st SessionH. R. 711IN THE HOUSE OF REPRESENTATIVESJanuary 23, 2025Mr. Tiffany (for himself, Mr. Owens, Ms. Tenney, Ms. Hageman, Mr. Ogles, Mrs. Miller of Illinois, Mr. Grothman, Mr. Weber of Texas, and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, Education and 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 concernedA BILLTo 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 titleThis Act may be cited as the Fairness, Anti-discrimination and Individual Rights Act of 2025 or the FAIR Act of 2025.2.Prohibition against discrimination and preferential treatmentNotwithstanding 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 aidA 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.ConstructionThis Act does not affect any law governing immigration or nationality, or the administration of any such law.5.Compliance review of policies and regulationsNot 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 generalAny 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)ConstructionThis section does not affect any remedy available under any other law.7.Effect on pending matters(a)Pending casesThis Act does not affect any case pending on the date of enactment of this Act.(b)Pending contracts and subcontractsThis 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.DefinitionsIn this Act, the following definitions apply:(1)Federal governmentThe term Federal Government means executive and legislative branches of the Government of the United States.(2)PreferenceThe term preference means an advantage of any kind, and includes a quota, set-aside, numerical goal, timetable, or other numerical objective.