HR 2100 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Equal Opportunity Protection and Civil Rights Restoration Act of 2007'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) a Federal contract or subcontract;CommentsClose CommentsPermalink





(B) Federal employment; orCommentsClose CommentsPermalink





(C) any other federally conducted program or activity; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. PROHIBITION RELATING TO RECIPIENTS OF FEDERAL AID.

A State or private entity that receives Federal financial assistance may not 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--CommentsClose CommentsPermalink





(1) any contract or subcontract;CommentsClose CommentsPermalink





(2) employment; orCommentsClose CommentsPermalink





(3) admission to any educational institution.CommentsClose CommentsPermalink

SEC. 4. 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.CommentsClose CommentsPermalink





(b) Indian Tribes- This Act does not prohibit any action taken--CommentsClose CommentsPermalink





(1) pursuant to a law enacted under the constitutional powers of Congress relating to the Indian tribes; orCommentsClose CommentsPermalink





(2) under a treaty between an Indian tribe and the United States.CommentsClose CommentsPermalink





(c) Certain Sex-Based Classifications- This Act does not prohibit or limit any classification based on sex if--CommentsClose CommentsPermalink





(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)); orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Immigration and Nationality Laws- This Act does not affect any law governing immigration or nationality, or the administration of any such law.CommentsClose CommentsPermalink

SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS.

Not later than 6 months 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.CommentsClose CommentsPermalink

SEC. 6. REMEDIES.

(a) In General- Any person aggrieved by a violation of section 2 or 3 may, in a civil action against the violator (including a violator that is a governmental entity), 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.CommentsClose CommentsPermalink





(b) Construction- This section does not affect any remedy available under any other law.CommentsClose CommentsPermalink

SEC. 7. EFFECT ON PENDING MATTERS.

(a) Pending Cases- This Act does not affect any case pending on the date of enactment of this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 8. DEFINITIONS.

In this Act, the following definitions apply:CommentsClose CommentsPermalink





(1) FEDERAL GOVERNMENT- The term `Federal Government' means executive and legislative branches of the Government of the United States.CommentsClose CommentsPermalink





(2) PREFERENCE- The term `preference' means an advantage of any kind, and includes a quota, set-aside, numerical goal, timetable, or other numerical objective.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink