I
105TH CONGRESS
1ST SESSION
H. R. 1909
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
JUNE 17, 1997
Mr. CANADY of Florida (for himself, Mr. HYDE, Mrs. ROUKEMA, Mr. CAMP-
BELL, Mrs. FOWLER, Mr. COX of California, Mr. BOEHNER, Mr. PAXON,
Mr. SOLOMON, Mr. GOODLATTE, Mr. HUTCHINSON, Mrs. EMERSON, Mr.
WICKER, Mr. BLILEY, Mr. ROGAN, Mr. DOOLITTLE, Mr. MCINTOSH, Mr.
SENSENBRENNER, Mr. BALLENGER, Mr. BARR of Georgia, Mr. ISTOOK,
Mr. COBLE, Mr. GOSS, Mr. BONO, Mr. HERGER, Mr. NORWOOD, Mr.
CUNNINGHAM, Mr. BUNNING, Mr. THUNE, Mr. KING, Mr. PACKARD, Mr.
CHRISTENSEN, Mr. CALLAHAN, Mr. RIGGS, Mr. BARTLETT of Maryland,
Mr. MILLER of Florida, Mr. HILLEARY, Mr. SPENCE, Mr. OXLEY, Mr.
ROHRABACHER, Mr. BARRETT of Nebraska, Mr. SNOWBARGER, Mr.
ADERHOLT, Mr. YOUNG of Alaska, Mr. EVERETT, Mr. RILEY, Mr.
BRADY, Mrs. CUBIN, Mr. BACHUS, Mr. LEWIS of Kentucky, Mr. COL-
LINS, Mr. CANNON, Mr. COOK, and Mrs. LINDA SMITH of Washington)
introduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Education and the
Workforce, 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 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 Representa-
tives 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. 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 fi-
nancial assistance, to discriminate intentionally
against, or grant a preference to, any person or
group based in whole or in part on race, color, na-
tional origin, or sex, in connection with any Federal
contract or subcontract or Federal license or finan-
cial assistance.
SEC. 3. 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 sub-
contracts, to recruit qualified women and minorities
into an applicant pool for Federal employment, or to
encourage participation by qualified women and mi-
norities 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 se-
lecting any person for the relevant employment, con-
tract or subcontract, benefit, opportunity, or pro-
gram; or
(2) to require or encourage any Federal con-
tractor, subcontractor, or recipient of a Federal li-
cense or Federal financial assistance to recruit quali-
fied 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 encourage-
ment 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 em-
ployment, contract or subcontract, benefit, oppor-
tunity, or program.
SEC. 4. 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 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 con-
stitutional 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 na-
tionality, or the administration of any such law.
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
that such department or agency head is charged with ad-
ministering, modify such policies and regulations to con-
form to the requirements of this Act, and report to the
Committee on the Judiciary of the House of Representa-
tives and the Committee on the Judiciary of the Senate
the results of the review and any modifications to the poli-
cies and regulations.
SEC. 6. REMEDIES.
(a) IN GENERAL.—Any person aggrieved by a viola-
tion of section 2 may, in a civil action, obtain appropriate