H.R. 711

119th CONGRESS 1st Session

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 · January 23, 2025 · Sponsor: Mr. Tiffany

Table of contents

• SEC. 1. Short title
• SEC. 2. Prohibition against discrimination and preferential treatment
• SEC. 3. Prohibition relating to recipients of Federal aid
• SEC. 4. Construction
• SEC. 5. Compliance review of policies and regulations
• SEC. 6. Remedies
• SEC. 7. Effect on pending matters
• SEC. 8. Definitions

SEC. 1. Short title

This Act may be cited as the or the "Fairness, Anti-discrimination and Individual Rights Act of 2025" or "FAIR Act of 2025".

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) The term Federal Government means executive and legislative branches of the Government of the United States.

(2) The term preference means an advantage of any kind, and includes a quota, set-aside, numerical goal, timetable, or other numerical objective.