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S. 382IntroducedSenate · nowHousePresidentLawIn committee
Sec. 501 · S. 382

Prohibited diversity, equity, and inclusion practices

Title V — Federal Advisory Committees

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(a) In general Chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), is amended by adding at the end the following: 1015. Diversity, equity, and inclusion practices (a) Prohibited diversity, equity, and inclusion practice defined In this section, the term prohibited diversity, equity, or inclusion practice has the meaning given that term in section 1201 of the Civil Rights Act of 1964. (b) Prohibition The following may not authorize, permit, or implement a prohibited diversity, equity, or inclusion practice with respect to any advisory committee established by the head of an agency: (1) The Administrator. (2) The agency head. (3) The chair of the advisory committee. (4) The advisory committee. (c) Termination of committee (1) Finding by Administrator With respect to an advisory committee, if the Administrator finds that the applicable agency head, the chair of the advisory committee, or the advisory committee authorized, permitted, or implemented a prohibited diversity, equity, or inclusion practice, then the advisory committee shall terminate not later than 30 days after the Administrator makes such finding. (2) Finding by Inspector General With respect to an advisory committee, if the Inspector General for the agency that established the advisory committee finds that the applicable agency head, chair of the advisory committee, or the advisory committee authorized, permitted, or implemented a prohibited diversity, equity, or inclusion practice, then the advisory committee shall terminate not later than 30 days after the Inspector General makes such finding. (d) Action (1) In general Any person may bring an action in any United States district court seeking a determination that the Administrator, any agency head, any chair of an advisory committee, or any advisory committee authorized, permitted, or implemented a prohibited diversity, equity, or inclusion practice with respect to an advisory committee. (2) Order directing termination of advisory committee If after an evidentiary hearing, a court determines that the defendant authorized, permitted, or implemented a prohibited diversity, equity, or inclusion practice, the court shall issue an order directing the Administrator to immediately terminate that advisory committee. (3) Additional awards In an action brought under this subsection in which the plaintiff prevails, the court may award— (A) a Writ of Mandamus or other equitable or declaratory relief; (B) a minimum of $1,000 per violation per day; (C) reasonable attorney’s fees and litigation costs; (D) compensatory damages; and (E) all other appropriate relief.. (b) Clerical amendment The table of sections for chapter 10 of title 5, United States Code, is amended by inserting after the item relating to section 1014 the following: 1015. Diversity, equity, and inclusion practices..