IV 

109TH CONGRESS 

1ST SESSION H. RES. 285 

Expressing the sense of the House of Representatives regarding the ongoing 

need to provide every qualified American with equal access to opportunity 

in education, business, and employment and the indispensability of Affirmative action programs in securing such equal access. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2005 

Mr. DAVIS of Illinois submitted the following resolution; which was referred 

to the Committee on Education and the Workforce, and in addition to 

the Committee on the Judiciary, 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 

RESOLUTION 

Expressing the sense of the House of Representatives regarding the ongoing need to provide every qualified American 

with equal access to opportunity in education, business, 

and employment and the indispensability of Affirmative 

action programs in securing such equal access. 

Whereas despite the progress which has been made in the 

past forty years ensuring equal opportunity for African 

Americans, Latinos, Asian Pacific Americans, Native 

Americans, persons with disabilities, and women, equal 

opportunity in education, business, and employment remains elusive for the great mass of members of these 

groups; 
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Whereas as a result of the lack of equal opportunity many, 

perhaps a majority of, Americans are denied their fair 

share of business opportunity, receive unequal pay, find 

their career paths capped, and are excluded or underrepresented in certain fields of training or education; 

Whereas when women, minorities, and persons with disabilities are denied full access to educational and economic 

opportunity, all America suffers from the loss of these 

discarded and suppressed talents, contributions, leadership, and insights; 

Whereas the notion of equal opportunity flows directly from 

the Declaration of Independence and the Constitution 

and is part of our most deeply embedded American values, and Affirmative action programs arise from, and are 

consistent with, the need to proactively extend equal opportunity through our public and private institutions; 

Whereas the American experience has taught us that no 

group will, or should, accept anything less than full and 

equal access to educational, business, and employment 

opportunity and that the denial of such opportunity on 

the basis of race, ethnicity, gender, or disability undermines our national unity, rends the political and social 

fabric of our Nation, and distorts and mutates democracy 

and government; 

Whereas Affirmative action is a tool, or set of tools, for overcoming the remnants of prejudice and bias and for 

achieving fairness and equal opportunity, which provide 

qualified minorities, disabled persons, and women that 

equal opportunity, without quotas, without denying fairness and equal opportunity to any other groups or individuals; and 
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Whereas Affirmative action rejects simplistic notions of ranking on merit, recognizes that there is no single test or 

measure of merit, and seeks to capitalize on the strengths 

of our diversity of being, and our diversity of experience: 

Now, therefore, be it 

1 Resolved, 

2 SECTION 1. EQUALITY OF OPPORTUNITY IS, AND OUGHT 

3 TO BE, THE LAW OF THE LAND. 

4 It is the sense of the House of Representatives that 

5 the Attorney General of the United States should under6 take to protect and expand equality of opportunity for 

7 qualified minorities, disabled persons, and women at every 

8 opportunity. 

9 SEC. 2. AFFIRMATIVE ACTION IS CONSISTENT WITH, AND 

10 NECESSARY FOR, ACHIEVING EQUALITY OF 

11 OPPORTUNITY. 

12 It is the sense of the House of Representatives that— 

13 (1) America still faces significant challenges 

14 with achieving equal opportunity for qualified mi15 norities, disabled persons, and women; 

16 (2) Affirmative action is a powerful, effective, 

17 and at this stage of our development as a nation, 

18 necessary, tool for achieving such equal opportunity 

19 without quotas and should be utilized in the public 

20 and private sectors to increase diversity and correct 

21 patterns of past and current discrimination; and 
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1 (3) the laws of the United States shall be con2 strued to recognize Congress’s intent to incorporate 

3 Affirmative action so as to maximize equal oppor4 tunity for qualified minorities, disabled persons, and 

5 women. 

6 SEC. 3. THE PRESIDENT OF THE UNITED STATES SHALL 

7 PROMOTE AFFIRMATIVE ACTION IN ALL EX8 ECUTIVE ACTIONS AND PROGRAMS. 

9 It is the sense of the House of Representatives that 

10 the President of the United States shall incorporate Af11 firmative action into the employment, contracting, grant12 ing, educational, and program activities of the United 

13 States and all its subcontractors and grantees. 

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