[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 952 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 952

     To establish a Federal cause of action for discrimination and 
preferential treatment in Federal actions on the basis of race, color, 
            national origin, or sex, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 1997

   Mr. McConnell (for himself, Mr. Hatch, Mr. Kyl and Mr. Sessions) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To establish a Federal cause of action for discrimination and 
preferential treatment in Federal actions on the basis of race, color, 
            national origin, or sex, 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 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 a Federal cause 
of action for discrimination and preferential treatment in the Federal 
Government on the basis of race, color, national origin, or sex.

SEC. 3. FEDERAL CAUSE OF ACTION.

    (a) In General.--Any person who is aggrieved by an action of the 
Federal Government, or any officer, employee, or agent of the Federal 
Government acting on behalf of the Federal Government, that consists of 
intentionally discriminating against, or granting a preference to, any 
person or group based in whole or in part on race, color, national 
origin, or sex may bring an action in the appropriate district court of 
the United States.
    (b) Relief.--The aggrieved person may obtain appropriate relief 
(which may include back pay) in a civil action brought under this 
section. A prevailing plaintiff in a civil action brought under this 
section shall be awarded a reasonable attorney's fee as part of the 
costs.
    (c) Construction.--This section does not affect any remedy 
available under any other law.

SEC. 4. 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. 5. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Federal government.--The term ``Federal Government'' 
        means the 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.
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