[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 694 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. RES. 694

Recognizing the importance of the Civil Rights Act of 1866 and the laws 
                           derived therefrom.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2019

  Ms. Waters (for herself, Mr. Thompson of Mississippi, Mr. Carson of 
  Indiana, Ms. Lee of California, Mr. Danny K. Davis of Illinois, Mr. 
Green of Texas, Ms. Bass, Ms. Clarke of New York, Ms. Jackson Lee, Mr. 
Meeks, Mr. Rush, Mr. Clay, Ms. Norton, Ms. Moore, Mrs. Watson Coleman, 
Mr. Evans, Mr. Lewis, Ms. Pressley, Ms. Plaskett, Mrs. Beatty, and Ms. 
 Fudge) submitted the following resolution; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Recognizing the importance of the Civil Rights Act of 1866 and the laws 
                           derived therefrom.

Whereas, in the aftermath of the Civil War, the reunified United States of 
        America struggled to reconstruct its war-torn States or establish laws 
        granting newly freed slaves the same rights afforded to White citizens;
Whereas the reconstruction of the United States following the conclusion of the 
        Civil War necessarily included the integration of newly emancipated 
        African Americans into broader society, and with it, their receipt of 
        civil and legal protections;
Whereas, as a response to the uncertain and unequal status of newly freed 
        slaves, the 13th Amendment to the Constitution was ratified by the 
        States on December 6, 1865, formally abolishing slavery ``within the 
        United States, or any place subject to their jurisdiction'';
Whereas, on April 9, 1866, Congress overrode a Presidential veto to enact the 
        Civil Rights Act of 1866, a law written to protect and clarify the newly 
        bestowed rights of persons of African descent;
Whereas the Civil Rights Act of 1866 declared that all persons born in the 
        United States are entitled to be citizens, without regard to race, 
        color, or previous condition of slavery or involuntary servitude;
Whereas the Civil Rights Act of 1866 was enacted to accomplish three primary 
        objectives: to establish that all persons born in the United States were 
        to be considered citizens, to clearly define the rights guaranteed by 
        American citizenship, and to make it unlawful for any person to deprive 
        another of these rights on the basis of race;
Whereas the Civil Rights Act of 1866 served the role of overriding ``Black 
        Codes'', laws enacted in southern States to restrict African Americans' 
        freedom and keep formerly enslaved persons from thriving in society;
Whereas section 1 of the Civil Rights Act of 1866 created an avenue for citizens 
        who fell victim to intentional racial discrimination by allowing them go 
        before a Federal court and allege that he or she was discriminated 
        against while engaging in lawful activity;
Whereas section 1 of the Civil Rights Act of 1866 was used to challenge the laws 
        established by southern States to limit the rights and opportunities of 
        newly freed slaves;
Whereas under section 1977 of the Revised Statutes (42 U.S.C. 1981), as derived 
        from section 16 of the Enforcement Act of 1870 (16 Stat. 140) and 
        section 1 of the Civil Rights Act of 1866 (14 Stat. 27), African-
        American citizens are given the right to enforce contracts, give 
        evidence in court, sue and be sued, and purchase, sell, and convey real 
        and personal property;
Whereas, in 1975, the Supreme Court found in Johnson v. Railway Express Agency, 
        Inc., 421 U.S. 454 (1975), that section 16 of the Enforcement Act of 
        1870 (16 Stat. 140) allowed for private employers to be held accountable 
        for discrimination within their ranks;
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) applies to all 
        contracts, including those between employer and employee, and has become 
        a vital tool for employment discrimination claimants;
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) stands as one of 
        the only laws protecting against employers openly discriminating on the 
        basis of race when contracting with other parties;
Whereas it is well established that section 1977 of the Revised Statutes (42 
        U.S.C. 1981) has been invoked to challenge race discrimination in 
        employment matters and has held bad actors accountable for contract 
        discrimination;
Whereas, in 1989, the Supreme Court narrowly interpreted section 1977 of the 
        Revised Statutes (42 U.S.C. 1981) to only apply to contract formation in 
        Patterson v. McLean Credit Union, 491 U.S. 164 (1989), finding that only 
        certain points in a contractual engagement could be subject to the 
        protections afforded in such section;
Whereas the ruling in Patterson v. McLean Credit Union, 491 U.S. 164 (1989) 
        functioned as a major setback in ensuring that all aspects of an 
        employee or individual's interaction with a business would be free of 
        racial discrimination;
Whereas, in 1991, Congress disagreed with a plethora of Supreme Court decisions 
        that undermined Federal antidiscrimination laws and challenged the 
        Court's restrictive interpretation of section 1977 of the Revised 
        Statutes (42 U.S.C. 1981) in Patterson by statute, as part of the Civil 
        Rights Act of 1991;
Whereas the 2008 decision in CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008), 
        further determined that section 1977 of the Revised Statutes (42 U.S.C. 
        1981) prohibits not only direct discrimination, but retaliation of those 
        alleging discrimination, as well;
Whereas Congress' intent is clear through the legislative history of section 
        1977 of the Revised Statutes (42 U.S.C. 1981), which definitively 
        illustrates the law was meant to provide and enforce robust protection 
        against race discrimination in contracting;
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) provides that 
        ``[a]ll persons within the jurisdiction of the United States shall have 
        the same right . . . to make and enforce contracts . . . as is enjoyed 
        by white citizens.'' and the statute defines ``make and enforce 
        contracts'' to ``include the making, performance, modification, and 
        termination of contracts, and the enjoyment of all benefits, privileges, 
        terms, and conditions of the contractual relationship.'';
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) clearly enumerates 
        the protections afforded to minorities in the United States when 
        contracting with businesses and makes clear that all aspects of the 
        creation, modification, and termination of contracts are subject to the 
        scrutiny of such section;
Whereas the most direct interpretation of section 1977 of the Revised Statutes 
        (42 U.S.C. 1981) ensures that all racial minorities in the United States 
        be granted the opportunity to enter into contractual agreements free of 
        discrimination; and
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) serves as a 
        critically important tool to ensure no person is denied the ability to 
        contract with another on the basis of race: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes and honors the historical significance of 
        section 1977 of the Revised Statutes (42 U.S.C. 1981), and its 
        instrumental contributions to our Nation's pursuit of equal 
        protection for all Americans;
            (2) reaffirms its commitment to the 13th, 14th, and 15th 
        amendments, to the Civil Rights Act of 1866 (and the laws 
        derived therefrom), and to the civil rights and liberties of 
        all racial minorities across the country; and
            (3) reaffirms the congressional intent behind section 1 of 
        the Civil Rights Act of 1866 (and the laws derived therefrom), 
        which was, and remains today, the protection of the rights of 
        minorities seeking refuge from racial discrimination in 
        business.
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