[Congressional Record Volume 143, Number 90 (Tuesday, June 24, 1997)]
[Senate]
[Pages S6195-S6196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      THE CIVIL RIGHTS ACT OF 1997

                                 ______
                                 

               MC CONNELL (AND OTHERS) AMENDMENT NO. 433

  (Ordered referred to the Committee on the Judiciary.)
  Mr. McCONNELL (for himself, Mr. Hatch, Mr. Kyl, and Mr. Sessions) 
submitted an amendment intended to be proposed by them to the bill (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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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

[[Page S6196]]

       (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)).

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