I
104TH CONGRESS
1ST SESSION
H. R. 2128
To prohibit discrimination and preferential treatment on the basis of race,
color, national origin, or sex with respect to Federal employment, con-
tracts, and programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 1995
Mr. CANADY of Florida (for himself, Mr. HYDE, Ms. MOLINARI, Mrs. FOWL-
ER, Mr. WICKER, Mr. SENSENBRENNER, Mr. HOKE, Mr. SMITH of
Texas, Mr. GOODLATTE, Mr. MCCOLLUM, Mr. COBLE, Mr. HEINEMAN,
Mr. BRYANT of Tennessee, Mr. BONO, Mr. BARR, Mr. ROHRABACHER,
Mr. ISTOOK, Mr. HERGER, Mr. NORWOOD, Mr. CALLAHAN, Mr.
CUNNINGHAM, Mr. CHAMBLISS, Mr. HUTCHINSON, Mr. JONES, Mr.
KING, Mr. LIGHTFOOT, Mr. PACKARD, Mr. PAXON, Mr. ROBERTS, Mr.
ROTH, Mr. STUMP, Mr. YOUNG of Alaska, Mr. BURTON of Indiana, Mr.
DREIER, Mr. EMERSON, Mr. SCHAEFER, Mr. MILLER of Florida, Mr.
GOSS, Mr. DOOLITTLE, Mr. MCINTOSH, Mr. COMBEST, Mr. MICA, Mr.
SCARBOROUGH, Mr. SMITH of New Jersey, Mr. STOCKMAN, Mr. WALK-
ER, Mr. WELDON of Florida, Mr. EVERETT, Mr. LEWIS of Kentucky,
Mrs. VUCANOVICH, Mr. BILBRAY, Mr. SOLOMON, Mrs. SEASTRAND, Mr.
BILIRAKIS, Mr. CHRISTENSEN, Mrs. CUBIN, Mr. HASTERT, Mr.
LARGENT, Mr. BUNNING of Kentucky, Mr. CLINGER, Mr. KOLBE, Mr.
HANCOCK, Mrs. ROUKEMA, Mr. HOSTETTLER, Mr. GRAHAM, Mr.
RADANOVICH, Mr. OXLEY, Mr. HOEKSTRA, Mr. BARRETT of Nebraska,
Mr. BASS, Mr. DORNAN Mr. SALMON, and Mr. BALLENGER) introduced
the following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Economic and Educational Oppor-
tunities, Government Reform and Oversight, and House Oversight, 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 com-
mittee concerned
A BILL
To prohibit discrimination and preferential treatment on the
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basis of race, color, national origin, or sex with respect
to Federal employment, contracts, and programs, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Equal Opportunity Act
of 1995’’.
SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND
PREFERENTIAL TREATMENT.
Notwithstanding any other provision of law, neither
the Federal Government nor any officer, employee, or de-
partment or agency of the Federal Government—
(1) may intentionally discriminate against, or
may grant a preference to, any individual or group
based in whole or in part on race, color, national ori-
gin, or sex, in connection with—
(A) a Federal contract or subcontract;
(B) Federal employment; or
(C) any other federally conducted program
or activity;
(2) may require or encourage any Federal con-
tractor or subcontractor to intentionally discriminate
against, or grant a preference to, any individual or
group based in whole or in part on race, color, na-
tional origin, or sex; or
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(3) may enter into a consent decree that re-
quires, authorizes, or permits any activity prohibited
by paragraph (1) or (2).
SEC. 3. RECRUITMENT AND ENCOURAGEMENT OF BIDS.
Nothing in this Act shall be construed to prohibit or
limit any effort by the Federal Government or any officer,
employee, or department or agency of the Federal Govern-
ment—
(1) to recruit qualified women or qualified mi-
norities into an applicant pool for Federal employ-
ment or to encourage businesses owned by women or
by minorities to bid for Federal contracts or sub-
contracts, if such recruitment or encouragement
does not involve using a numerical objective, or oth-
erwise granting a preference, based in whole or in
part on race, color, national origin, or sex, in select-
ing any individual or group for the relevant employ-
ment, contract or subcontract, benefit, opportunity,
or program; or
(2) to require or encourage any Federal con-
tractor or subcontractor to recruit qualified women
or qualified minorities into an applicant pool for em-
ployment or to encourage businesses owned by
women or by minorities to bid for Federal contracts
or subcontracts, if such requirement or encourage
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ment does not involve using a numerical objective,
or otherwise granting a preference, based in whole
or in part on race, color, national origin, or sex, in
selecting any individual or group for the relevant
employment, contract or subcontract, benefit, oppor-
tunity, or program.
SEC. 4. RULES OF CONSTRUCTION.
(a) HISTORICALLY BLACK COLLEGES AND UNIVER-
SITIES.—Nothing in this Act shall be construed to prohibit
or limit any act that is designed to benefit an institution
that is a historically Black college or university on the
basis that the institution is a historically Black college or
university.
(b) INDIAN TRIBES.—Nothing in this Act shall be
construed to prohibit or limit any action taken—
(1) pursuant to a law enacted under the con-
stitutional powers of Congress relating to the Indian
tribes; or
(2) under a treaty between an Indian tribe and
the United States.
(c) BONA FIDE OCCUPATIONAL QUALIFICATION,
PRIVACY, AND NATIONAL SECURITY CONCERNS.—Noth-
ing in this Act shall be construed to prohibit or limit any
classification based on sex if—
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(1) sex is a bona fide occupational qualification
reasonably necessary to the normal operation of the
Federal Government entity or Federal contractor or
subcontractor involved;
(2) the classification is designed to protect the
privacy of individuals; or
(3)(A) the occupancy of the position for which
the classification is made, or access to the premises
in or on which any part of the duties of such posi-
tion is performed or is to be performed, is subject
to any requirement imposed in the interest of the
national security of the United States under any se-
curity program in effect pursuant to or administered
under any Act or any Executive order of the Presi-
dent; or
(B) the classification is applied with respect to
a member of the Armed Forces serving on active
duty in a theatre of combat operations (as deter-
mined by the Secretary of Defense).
SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULA-
TIONS.
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
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SEC. 8. DEFINITIONS.
As used in this Act:
(1) FEDERAL GOVERNMENT.—The term ‘‘Fed-
eral Government’’ means the executive and legisla-
tive branches of the Government of the United
States.
(2) GRANT A PREFERENCE.—The term ‘‘grant
a preference’’ means use of any preferential treat-
ment and includes but is not limited to any use of
a quota, set-aside, numerical goal, timetable, or
other numerical objective.
(3) HISTORICALLY
BLACK
COLLEGE
OR
UNI-
VERSITY.—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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