[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2079 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2079

  To require implementation of an alternative program for providing a 
          benefit or employment preference under Federal law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 1997

  Mr. Campbell (for himself and Mr. Ehlers) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require implementation of an alternative program for providing a 
          benefit or employment preference under Federal law.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Racial and Gender Preference Reform 
Act''.

SEC. 2. ALTERNATIVE PROGRAM REQUIRED.

    Whenever the use of race, gender, or national origin as a basis for 
granting a benefit or a preference under a Federal program is 
invalidated by a court of competent jurisdiction, the program described 
in section 3 shall be substituted for the invalidated program.

SEC. 3. OPERATION OF ALTERNATIVE PROGRAM.

    The program referred to in section 2 is one in which the official 
responsible for the invalidated program described in such section shall 
determine in each case which individuals qualify to be in the category 
of ``individuals of special achievement'', taking into account 
experience and achievements of each individual separately, and not as a 
member of any group, in order to determine which individuals have 
overcome particularly high obstacles to achieve the qualifications 
relevant for the position or benefit being sought. The responsible 
official shall take into account in making such a determination the 
individual's personal situation, including conditions of low 
opportunity by reason of--
            (1) low parental income,
            (2) low levels of education of parents,
            (3) depressed economic surroundings of upbringing,
            (4) low percentage of students graduating from the 
        individual's high school (or failure to attend high school),
            (5) special work obligations imposed on an individual by 
        reason of need to care for family members,
            (6) need to master a second language, and
            (7) individual instances of bias or discrimination actually 
        practiced against the individual on the basis of race, age, 
        gender, national origin, or religion.
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