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Rep. Tom Tiffany Introduces Bill To Ban Race-Based Preferences In Federal Government

FAIR Act would prevent those that receive federal funding from discriminating, giving preferences based on race.

Rep. Tom Tiffany Introduces Bill To Ban Race-Based Preferences In Federal Government

WASHINGTON, DC – Today, Congressman Tom Tiffany (WI-07), alongside Representatives Burgess Owens (UT-04), Michelle Steel (CA-45) and Byron Donalds (FL-19), introduced the Fairness, Anti-Discrimination and Individual Rights Act – or FAIR Act – for short. The legislation would prohibit the Biden administration, federal contractors, or any other recipient of federal funds from intentionally discriminating against or granting a preference to any person based on race, color, or national origin.

The legislation’s non-discrimination protections would apply to federal hiring, contracting, and programming. They would also apply to states or private entities that receive federal financial assistance.

“It’s pretty simple. If we are serious about ending discrimination in the United States, the first step is for the government to stop doing the discriminating," said Congressman Tiffany. “It is long past time for the government to take its thumb off the scale and get out of the business of racial discrimination.”

"Growing up as a Black American in the Jim Crow South, I experienced firsthand the true ugliness of discrimination based on the color of my skin," said Congressman Owens. "Our nation's Constitution is clear: no person shall be subjected to discrimination based on religion, race, color, ancestry, national origin, sex or physical or mental disability. Unfortunately, the Biden Administration is determined to divide Americans along racial lines. That is why I am proud to help Representative Tiffany introduce the FAIR Act to continue promoting the ideals of our nation for all Americans—regardless of their skin tone—in the federal government's hiring, contracting, and funding process."

“I’ve worked for decades to root out racial discrimination wherever it appears,” said Congresswoman Steel. “I’m proud to join Rep. Tiffany to introduce the FAIR Act to prevent race-based discrimination across the federal government and ensure that the United States continues our efforts to live up to our highest ideals of liberty and justice for all.”

“The difference between equity and equality is stark. While the Biden administration stands for an equity agenda with prescribed outcomes, I am proud to join Rep. Tiffany and my colleagues in promoting equality of opportunity,” said Congressman Donalds. “Whether it’s the federal government or federally funded entities, we must be vigilant in standing against discrimination and preferential treatment in the workplace based on unchangeable protected characteristics under the law.”

The bill comes in response to President Biden’s executive order directing all federal agencies to produce an annual "equity action plan,” which doubles down on an initiative announced on his first day in office launching a divisive "whole-of-government equity agenda.” It also comes after his administration set a requirement to increase quota-style, identity-based federal contracting by 50% by 2025.

Congressman Tiffany’s FAIR Act would:

  • Bar any agency, officer, or employee of the federal government from intentionally discriminating against or granting preferential treatment to any person or group of persons based in whole or in part on race, color, or national origin in connection with federal contracting or subcontracting.
  • Bar requiring or encouraging any federal contractor or subcontractor, or the recipient of any federal license or financial assistance to discriminate against or grant preferential treatment to any person or group of persons based in whole or in part on race, color, or national origin in connection with any federal contract, subcontract, license, or financial assistance.
  • Bar any state or private entity that receives federal financial assistance from intentionally discriminating against or granting preferential treatment to any person or group of persons based in whole or in part on race, color, or national origin in connection with any contract, subcontract, employment, or admission to any educational institution.

The full text of the FAIR Act can be found here.

Last Update: Mar 10, 2023 10:53 am CST

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