[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1085 Introduced in Senate (IS)]

  1st Session
                                S. 1085

 To prohibit discrimination and preferential treatment on the basis of 
     race, color, national origin, or sex with respect to Federal 
      employment, contracts, and programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 27 (legislative day, July 10), 1995

Mr. Dole (for himself, Mr. McConnell, Mr. Simpson, Mr. Kyl, Mr. Brown, 
  Mr. Nickles, Mr. Grassley, and Mr. Shelby) introduced the following 
 bill; which was read twice and referred to the Committee on Labor and 
                            Human Resources

_______________________________________________________________________

                                 A BILL


 
 To prohibit discrimination and preferential treatment on the basis of 
     race, color, national origin, or sex with respect to Federal 
      employment, contracts, and programs, and for other purposes.
    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 ``Equal Opportunity Act of 1995''.

SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT.

    Notwithstanding any other provision of law, neither the Federal 
Government nor any officer, employee, or department or agency of the 
Federal Government--
            (1) may intentionally discriminate against, or may grant a 
        preference to, any individual or group based in whole or in 
        part on race, color, national origin, or sex, in connection 
        with--
                    (A) a Federal contract or subcontract;
                    (B) Federal employment; or
                    (C) any other federally conducted program or 
                activity;
            (2) may require or encourage any Federal contractor or 
        subcontractor to intentionally discriminate against, or grant a 
        preference to, any individual or group based in whole or in 
        part on race, color, national origin, or sex; or
            (3) may enter into a consent decree that requires, 
        authorizes, or permits any activity prohibited by paragraph (1) 
        or (2).

SEC. 3. RECRUITMENT AND ENCOURAGEMENT OF BIDS.

    Nothing in this Act shall be construed to prohibit or limit any 
effort by the Federal Government or any officer, employee, or 
department or agency of the Federal Government--
            (1) to recruit qualified women or qualified minorities into 
        an applicant pool for Federal employment or to encourage 
        businesses owned by women or by minorities to bid for Federal 
        contracts or subcontracts, if such recruitment or encouragement 
        does not involve using a numerical objective, or otherwise 
        granting a preference, based in whole or in part on race, 
        color, national origin, or sex, in selecting any individual or 
        group for the relevant employment, contract or subcontract, 
        benefit, opportunity, or program; or
            (2) to require or encourage any Federal contractor or 
        subcontractor to recruit qualified women or qualified 
        minorities into an applicant pool for employment or to 
        encourage businesses owned by women or by minorities to bid for 
        Federal contracts or subcontracts, if such requirement or 
        encouragement does not involve using a numerical objective, or 
        otherwise granting a preference, based in whole or in part on 
        race, color, national origin, or sex, in selecting any 
        individual or group for the relevant employment, contract or 
        subcontract, benefit, opportunity, or program.
SEC. 4. RULES OF CONSTRUCTION.

    (a) Historically Black Colleges and Universities.--Nothing in this 
Act shall be construed to prohibit or limit any act that is designed to 
benefit an institution that is a historically Black college or 
university on the basis that the institution is a historically Black 
college or university.
    (b) Indian Tribes.--Nothing in this Act shall be construed to 
prohibit or limit any action taken--
            (1) pursuant to a law enacted under the constitutional 
        powers of Congress relating to the Indian tribes; or
            (2) under a treaty between an Indian tribe and the United 
        States.
    (c) Bona Fide Occupational Qualification, Privacy, and National 
Security Concerns.--Nothing in this Act shall be construed to prohibit 
or limit any classification based on sex if--
            (1) sex is a bona fide occupational qualification 
        reasonably necessary to the normal operation of the Federal 
        Government entity or Federal contractor or subcontractor 
        involved;
            (2) the classification is designed to protect the privacy 
        of individuals; or
            (3)(A) the occupancy of the position for which the 
        classification is made, or access to the premises in or on 
        which any part of the duties of such position is performed or 
        is to be performed, is subject to any requirement imposed in 
        the interest of the national security of the United States 
        under any security program in effect pursuant to or 
        administered under any Act or any Executive order of the 
        President; or
            (B) the classification is applied with respect to a member 
        of the Armed Forces serving on active duty in a theatre of 
        combat operations (as determined by the Secretary of Defense).

SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS.

    Not later than 1 year 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.--In any action involving a violation of this Act, a 
court may award only injunctive or equitable relief (including but not 
limited to back pay), a reasonable attorney's fee, and costs.
    (b) Construction.--Nothing in this section shall be construed to 
affect any remedy available under any other law.

SEC. 7. EFFECT ON PENDING MATTERS.

    (a) Pending Cases.--This Act shall not affect any case pending on 
the date of enactment of this Act.
    (b) Pending Contracts, Subcontracts, and Consent Decrees.--This Act 
shall not affect any contract, subcontract, or consent decree 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.

    As used in this Act:
            (1) Federal government.--The term ``Federal Government'' 
        means the executive and legislative branches of the Government 
        of the United States.
            (2) Grant a preference.--The term ``grant a preference'' 
        means use of any preferential treatment and includes but is not 
        limited to any use of a quota, set-aside, numerical goal, 
        timetable, or other numerical objective.
            (3) Historically black college or university.--The term 
        ``historically Black college or university'' means a part B 
        institution, as defined in section 322(2) of the Higher 
        Education Act of 1965 (20 U.S.C. 1061(2)).
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