[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 950 Placed on Calendar Senate (PCS)]





                                                        Calendar No. 93

105th CONGRESS

  1st Session

                                 S. 950

_______________________________________________________________________

                                 A BILL

      To provide for equal protection of the law and to prohibit 
discrimination and preferential treatment on the basis of race, color, 
  national origin, or sex in Federal actions, and for other purposes.

_______________________________________________________________________

                             June 24, 1997

            Read the second time and placed on the calendar





                                                        Calendar No. 93
105th CONGRESS
  1st Session
                                 S. 950

      To provide for equal protection of the law and to prohibit 
discrimination and preferential treatment on the basis of race, color, 
  national origin, or sex in Federal actions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 1997

   Mr. McConnell (for himself, Mr. Hatch, Mr. Kyl, and Mr. Sessions) 
      introduced the following bill; which was read the first time

                             June 24, 1997

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
      To provide for equal protection of the law and to prohibit 
discrimination and preferential treatment on the basis of race, color, 
  national origin, or sex in Federal actions, 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 ``Civil Rights Act of 1997''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the fifth and fourteenth amendments to the Constitution 
        guarantee that all individuals are entitled to equal protection 
        of the laws, regardless of race, color, national origin, or 
        sex;
            (2) the Supreme Court, in Adarand Constructors, Inc. v. 
        Pena, 515 U.S. 200 (1995), recently affirmed that this 
        guarantee of equality applies to Federal actions;
            (3) the Federal Government currently conducts over 150 
        programs, including contracting programs, that grant 
        preferences based on race, color, national origin, or sex; and
            (4) the Federal Government also grants preferences in 
        employment based on race, color, national origin, or sex.
    (b) Purpose.--The purpose of this Act is to provide for equal 
protection of the laws and to prohibit discrimination and preferential 
treatment in the Federal Government on the basis of race, color, 
national origin, or sex.

SEC. 3. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT.

    Notwithstanding any other provision of law, neither the Federal 
Government nor any officer, employee, or agent of the Federal 
Government shall--
            (1) intentionally discriminate against, or grant a 
        preference to, any person 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; or
            (2) require or encourage a Federal contractor or 
        subcontractor, or the recipient of a license or financial 
        assistance, to discriminate intentionally against, or grant a 
        preference to, any person or group based in whole or in part on 
        race, color, national origin, or sex, in connection with any 
        Federal contract or subcontract or Federal license or financial 
        assistance.

SEC. 4. AFFIRMATIVE ACTION PERMITTED.

    This Act does not prohibit or limit any effort by the Federal 
Government or any officer, employee, or agent of the Federal 
Government--
            (1) to encourage businesses owned by women and minorities 
        to bid for Federal contracts or subcontracts, to recruit 
        qualified women and minorities into an applicant pool for 
        Federal employment, or to encourage participation by qualified 
        women and minorities in any other federally conducted program 
        or activity, if such recruitment or encouragement does not 
        involve granting a preference, based in whole or in part on 
        race, color, national origin, or sex, in selecting any person 
        for the relevant employment, contract or subcontract, benefit, 
        opportunity, or program; or
            (2) to require or encourage any Federal contractor, 
        subcontractor, or recipient of a Federal license or Federal 
        financial assistance to recruit qualified women and minorities 
        into an applicant pool for employment, or to encourage 
        businesses owned by women and minorities to bid for Federal 
        contracts or subcontracts, if such requirement or encouragement 
        does not involve granting a preference, based in whole or in 
        part on race, color, national origin, or sex, in selecting any 
        individual for the relevant employment, contract or 
        subcontract, benefit, opportunity, or program.

SEC. 5. 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 an historically Black college or 
university on the basis that the institution is an historically Black 
college or university.
    (b) Indian Tribes.--This Act does not prohibit 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) Certain Sex-Based Classifications.--This Act does not prohibit 
or limit any classification based on sex if--
            (1) the classification is applied with respect to 
        employment and the classification would be exempt from the 
        prohibitions of title VII of the Civil Rights Act of 1964 by 
        reason of section 703(e)(1) of such Act (42 U.S.C. 2000e-
        2(e)(1)); or
            (2) the classification is applied with respect to a member 
        of the Armed Forces pursuant to statute, direction of the 
        President or Secretary of Defense, or Department of Defense 
        policy.
    (d) Immigration and Nationality Laws.--This Act does not affect any 
law governing immigration or nationality, or the administration of any 
such law.

SEC. 6. 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. 7. REMEDIES.

    (a) In General.--Any person aggrieved by a violation of section 3 
may, in a civil action, obtain appropriate relief (which may include 
back pay). A prevailing plaintiff in a civil action under this section 
shall be awarded a reasonable attorney's fee as part of the costs.
    (b) Construction.--This section does not affect any remedy 
available under any other law.

SEC. 8. EFFECT ON PENDING MATTERS.

    (a) Pending Cases.--This Act does not affect any case pending on 
the date of enactment of this Act.
    (b) Pending Contracts and Subcontracts.--This Act does not affect 
any contract or subcontract 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. 9. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Federal government.--The term ``Federal Government'' 
        means executive and legislative branches of the Government of 
        the United States.
            (2) Preference.--The term ``preference'' means an advantage 
        of any kind, and includes 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)).