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