[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 497 Introduced in Senate (IS)]

  1st Session
                                 S. 497

To amend title 28, United States Code, to provide for the protection of 
                civil liberties, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

              March 3 (legislative day, February 22), 1995

  Mr. Helms (for himself and Mr. Faircloth) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to provide for the protection of 
                civil liberties, 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 ``Act to End Unfair Preferential 
Treatment''.

SEC. 2. PUBLIC EMPLOYMENT, PUBLIC CONTRACTING, AND FEDERAL BENEFITS.

    Part VI of title 28, United States Code, is amended by inserting 
after chapter 176 the following new chapter:

                     ``CHAPTER 177--CIVIL LIBERTIES

``Sec. 3601. Public employment, public contracting, and Federal 
              benefits
    ``Notwithstanding title VII of the Civil Rights Act of 1964 (42 
U.S.C. 2000e et seq.), title IX of the Education Amendments of 1972 (20 
U.S.C. 1681 et seq.), section 15 of the Small Business Act (15 U.S.C. 
644), or any other provision of law, no agent or agency of the Federal 
Government may use race, color, gender, ethnicity, or national origin--
            ``(1) as a criterion for either discriminating against, or 
        granting preferential treatment to, any individual or group; or
            ``(2) in a manner that has the effect of requiring that 
        employment positions be allocated among individuals or groups;
with respect to providing public employment, conducting public 
contracting, or providing a Federal benefit for education or other 
activities.
``Sec. 3602. Necessary classifications based on gender
    ``Nothing in this chapter shall be interpreted as prohibiting 
classifications based on gender that are reasonably necessary to the 
normal provision of public employment, conduct of public contracting, 
or provision of a Federal benefit.
``Sec. 3603. Court order or consent decree
    ``Nothing in this chapter shall be interpreted as--
            ``(1) affecting any court order or consent decree that is 
        in effect as of the date of enactment of this chapter; or
            ``(2) forbidding a court to order appropriate relief to 
        redress past discrimination.
``Sec. 3604. Definitions
    ``As used in this chapter:
            ``(1) The term `agent' means an officer or employee of the 
        Federal Government.
            ``(2) The term `Federal benefit' means--
                    ``(A) funds made available through a Federal 
                contract; or
                    ``(B) cash or in-kind assistance in the form of a 
                payment, grant, loan, or loan guarantee, provided 
                through any program administered or funded by the 
                Federal Government.''.
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