I 

110TH CONGRESS 

1ST SESSION H. R. 2100 

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 HOUSE OF REPRESENTATIVES 

MAY 1, 2007 

Mr. TANCREDO introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight 

and Government Reform, Education and Labor, and House Administration, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Opportunity 

5 Protection and Civil Rights Restoration Act of 2007’’. 


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1 SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND 

2 PREFERENTIAL TREATMENT. 

3 Notwithstanding any other provision of law, neither 

4 the Federal Government nor any officer, employee, or 

5 agent of the Federal Government shall— 

6 (1) intentionally discriminate against, or grant 

7 a preference to, any person or group based in whole 

8 or in part on race, color, national origin, or sex, in 

9 connection with— 

10 (A) a Federal contract or subcontract; 

11 (B) Federal employment; or 

12 (C) any other federally conducted program 

13 or activity; or 

14 (2) require or encourage a Federal contractor 

15 or subcontractor, or the recipient of a license or fi16 nancial assistance, to discriminate intentionally 

17 against, or grant a preference to, any person or 

18 group based in whole or in part on race, color, na19 tional origin, or sex, in connection with any Federal 

20 contract or subcontract or Federal license or finan21 cial assistance. 

22 SEC. 3. PROHIBITION RELATING TO RECIPIENTS OF FED23 ERAL AID. 

24 A State or private entity that receives Federal finan25 cial assistance may not discriminate against, or grant a 

26 preference to, any person or group based in whole or in 


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1 part on race, color, national origin, or sex, in connection 

2 with— 

3 (1) any contract or subcontract; 

4 (2) employment; or 

5 (3) admission to any educational institution. 

6 SEC. 4. CONSTRUCTION. 

7 (a) HISTORICALLY BLACK COLLEGES AND UNIVER8 SITIES.—Nothing in this Act shall be construed to prohibit 

9 or limit any act that is designed to benefit an institution 

10 that is an historically Black college or university on the 

11 basis that the institution is an historically Black college 

12 or university. 

13 (b) INDIAN TRIBES.—This Act does not prohibit any 

14 action taken— 

15 (1) pursuant to a law enacted under the con16 stitutional powers of Congress relating to the Indian 

17 tribes; or 

18 (2) under a treaty between an Indian tribe and 

19 the United States. 

20 (c) CERTAIN SEX-BASED CLASSIFICATIONS.—This 

21 Act does not prohibit or limit any classification based on 

22 sex if— 

23 (1) the classification is applied with respect to 

24 employment and the classification would be exempt 

25 from the prohibitions of title VII of the Civil Rights 


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1 Act of 1964 by reason of section 703(e)(1) of such 

2 Act (42 U.S.C. 2000e–2(e)(1)); or 

3 (2) the classification is applied with respect to 

4 a member of the Armed Forces pursuant to statute, 

5 direction of the President or Secretary of Defense, 

6 or Department of Defense policy. 

7 (d) IMMIGRATION AND NATIONALITY LAWS.—This 

8 Act does not affect any law governing immigration or na9 tionality, or the administration of any such law. 

10 SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULA11 TIONS. 

12 Not later than 6 months after the date of enactment 

13 of this Act, the head of each department or agency of the 

14 Federal Government, in consultation with the Attorney 

15 General, shall review all existing policies and regulations 

16 that such department or agency head is charged with ad17 ministering, modify such policies and regulations to con18 form to the requirements of this Act, and report to the 

19 Committee on the Judiciary of the House of Representa20 tives and the Committee on the Judiciary of the Senate 

21 the results of the review and any modifications to the poli22 cies and regulations. 

23 SEC. 6. REMEDIES. 

24 (a) IN GENERAL.—Any person aggrieved by a viola25 tion of section 2 or 3 may, in a civil action against the 


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1 violator (including a violator that is a governmental enti2 ty), obtain appropriate relief (which may include back 

3 pay). A prevailing plaintiff in a civil action under this sec4 tion shall be awarded a reasonable attorney’s fee as part 

5 of the costs. 

6 (b) CONSTRUCTION.—This section does not affect 

7 any remedy available under any other law. 

8 SEC. 7. EFFECT ON PENDING MATTERS. 

9 (a) PENDING CASES.—This Act does not affect any 

10 case pending on the date of enactment of this Act. 

11 (b) PENDING CONTRACTS AND SUBCONTRACTS.— 

12 This Act does not affect any contract or subcontract in 

13 effect on the date of enactment of this Act, including any 

14 option exercised under such contract or subcontract before 

15 or after such date of enactment. 

16 SEC. 8. DEFINITIONS. 

17 In this Act, the following definitions apply: 

18 (1) FEDERAL GOVERNMENT.—The term ‘‘Fed19 eral Government’’ means executive and legislative 

20 branches of the Government of the United States. 

21 (2) PREFERENCE.—The term ‘‘preference’’ 

22 means an advantage of any kind, and includes a 

23 quota, set-aside, numerical goal, timetable, or other 

24 numerical objective. 


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1 (3) HISTORICALLY BLACK COLLEGE OR UNI2 VERSITY.—The term ‘‘historically Black college or 

3 university’’ means a part B institution, as defined in 

4 section 322(2) of the Higher Education Act of 1965 

5 (20 U.S.C. 1061(2)). 

Æ 


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