,,ii #aahth ,,congress #ast ,session ,s4 #igc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bc1 #bjbc,mr4 ,cotton 7for himself1 ,mr4 ,scott of ,florida1 ,mr4 ,hagerty1 and ,mr4 ,hawley7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to prohibit ,federal contractors from imposing racial hiring quotas1 benchmarks1 or goals4 #a4 ,short title ,this ,act may be cited as the ,protecting ,equal ,opportunity from ,,esg ,act4 #b4 ,purpose ,acknowledging that distinctions between citizens solely because of their ancestry are1 by their very nature1 odious to a free people whose institutions are founded upon the doctrine of equality1 and recognizing that existing regulations have failed to eradicate the use of racial hiring quotas among ,federal contractors1 the purpose of this ,act is to require contracts with the ,federal ,government to include an equal opportunity clause prohibiting racial hiring quotas1 benchmarks1 or goals4 #c4 ,definitions ,for purposes of this ,act3 7#a7 ,contractor ,the term contractor-- 7,a7 means any person that is awarded a contract with the ,federal ,government or a subcontract under such a contract1 including any subcontractor 7at any tier7 of such person2 and 7,b7 includes a person that-- 7i7 is a lessor or lessee2 or 7ii7 is an employer of a worker performing work on a contract with the ,federal ,government whose wages are calculated pursuant to a special certificate issued under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c774 7#b7 ,employment practices ,the term employment practices-- 7,a7 means all terms and conditions of employment 7including of any paid or unpaid fellowship or internship71 including all practices relating to the screening1 recruitment1 referral1 nomination1 selection1 training1 appointment1 promotion1 demotion1 and assignment of personnel2 and 7,b7 includes advertising1 hiring1 assignments1 classification1 discipline1 layoff and termination1 upgrading1 transfer1 leave practices1 rate of pay1 fringe benefits1 or other forms of pay or credit for services rendered and use of facilities4 7#c7 ,executive agency ,the term executive agency has the meaning given that term in section #acc of title #da1 ,united ,states ,code4 7#d7 ,national interest ,the term national interest-- 7,a7 means a national security interest1 economic interest1 or public health and welfare interest2 and 7,b7 does not include any purported interest in-- 7i7 racial or social justice objectives1 affirmative action agendas1 or any other race-based considerations2 or 7ii7 promoting1 enabling1 or excusing any policy1 initiative1 or practice of an employer concerning-- 7,i7 environmental1 social1 and governance 7commonly known as ,,esg72 7,,ii7 diversity1 equity1 and inclusion 7commonly known as ,,dei72 or 7,,iii7 corporate social responsibility 7commonly known as ,,csr74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 #d4 ,prohibition on imposing racial hiring quotas 7a7 ,in general ,the head of each executive agency shall1 except as provided in subsection 7b71 ensure that each contract entered into by the executive agency on or after the date of enactment of this ,act includes requirements that the contractor shall-- 7#a7 certify that1 during the #e-year period immediately preceding the date on which the contract is entered into1 the contractor did not initiate1 carry out1 or enforce any system of quotas1 benchmarks1 or goals in regard to employment practices that encourage or require any discrimination on the basis of race2 and 7#b7 not1 during the performance of the contract1 initiate1 carry out1 or enforce any system of quotas1 benchmarks1 or goals in regard to employment practices which encourage or require any discrimination on the basis of race4 7b7 ,exception for lookback requirement ,notwithstanding subsection 7a71 the ,secretary may exempt the head of an executive agency from the requirement to include the certification described in subsection 7a77#a7 in a specific contract1 subcontract1 or purchase order if the ,secretary determines that special circumstances in the national interest so require4 #e4 ,regulations and implementation 7a7 ,regulations required 7#a7 ,department of labor ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to implement this ,act4 7#b7 ,federal acquisition regulation ,not later than #ij days after the date on which the ,secretary issues regulations under paragraph 7#a71 the ,federal ,acquisition ,regulatory ,council shall amend the ,federal ,acquisition ,regulation1 consistent with such regulations1 to provide for inclusion in any ,federal procurement solicitation or contract the requirements under section #d4 7b7 ,agency implementation ,not later than #ij days after the date on which the ,secretary issues any regulations under subsection 7a77#a7 and except as provided in section #d7;b71 the head of each executive agency shall ensure that any contract entered into by the executive agency complies with the requirements set forth in section #d7;a74 #f4 ,enforcement 7a7 ,in general ,the ,secretary shall have the authority to investigate potential violations of this ,act and obtain compliance1 including as provided in subsection 7b74 7b7 ,penalties for noncompliance ,in the case of a contractor that violates a contract requirement under section #d-- 7#a7 the relevant executive agency may cancel1 terminate1 or suspend 7in whole or in part7 the applicable contract2 and 7#b7 the ,secretary may initiate a debarment proceeding with respect to the contractor4