[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 429 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
S. RES. 429

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2019

 Mr. Schumer (for Ms. Harris (for herself, Mr. Blumenthal, Mr. Booker, 
 Mrs. Feinstein, Ms. Hirono, Mr. Wyden, and Ms. Warren)) 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 from the Civil Rights Act of 1866.

Whereas, in the aftermath of the Civil War, the reunified United States 
        struggled to reconstruct the war-torn States and 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 that emancipation, the 
        receipt by those emancipated African Americans 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 of the United States 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 
        Act of April 9, 1866 (commonly known as and referred to in this preamble 
        as the ``Civil Rights Act of 1866'') (14 Stat. 27, chapter 31), 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--

    (1) to establish that all persons born in the United States are to be 
considered citizens;

    (2) to clearly define the rights guaranteed by United States 
citizenship; and

    (3) to make it unlawful for any person to deprive another person of 
those 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 the freedom of 
        African Americans and keep formerly enslaved persons from thriving in 
        society;
Whereas the first section of the Civil Rights Act of 1866 created an avenue for 
        citizens who fell victim to intentional racial discrimination by 
        allowing a citizen to go before a Federal court and allege that the 
        citizen was discriminated against while engaging in lawful activity;
Whereas the first section 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), which is 
        derived from section 16 of the Act of May 31, 1870 (commonly known as 
        and referred to in this preamble as the ``Enforcement Act of 1870'') (16 
        Stat. 140, chapter 114) and the first section of the Civil Rights Act of 
        1866, 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 recognized in Johnson v. Railway Express 
        Agency, Inc., 421 U.S. 454 (1975), that section 16 of the Enforcement 
        Act of 1870 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, in Patterson v. McLean Credit Union, 491 U.S. 164 (1989), the 
        Supreme Court narrowly interpreted section 1977 of the Revised Statutes 
        (42 U.S.C. 1981) to apply only to contract formation, finding that only 
        certain points in a contractual engagement could be subject to the 
        protections afforded in that section;
Whereas the ruling in Patterson v. McLean Credit Union, 491 U.S. 164 (1989), 
        functioned as a major setback to ensuring that all aspects of the 
        interaction between an employee or individual with a business would be 
        free of racial discrimination;
Whereas, in 1991, Congress, by statute, as part of the Civil Rights Act of 1991 
        (Public Law 102-166; 105 Stat. 1071), disagreed with a plethora of 
        Supreme Court decisions that undermined Federal antidiscrimination laws 
        and challenged the restrictive interpretation of section 1977 of the 
        Revised Statutes (42 U.S.C. 1981) expressed by the Supreme Court in 
        Patterson v. McLean Credit Union, 491 U.S. 164 (1989);
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 against 
        those alleging discrimination;
Whereas the intent of Congress is clear through the legislative history of 
        section 1977 of the Revised Statutes (42 U.S.C. 1981), which 
        definitively illustrates that 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)--

    (1) in subsection (a), 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

    (2) in subsection (b), 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 that 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 that no person is denied the ability 
        to contract with another on the basis of race: Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes and honors the historical significance of 
        section 1977 of the Revised Statutes (42 U.S.C. 1981) and the 
        instrumental contributions of that law to the pursuit of equal 
        protection for all citizens of the United States;
            (2) reaffirms its commitment to the 13th, 14th, and 15th 
        Amendments to the Constitution of the United States, to the Act 
        of April 9, 1866 (commonly known as and referred to in this 
        resolving clause as the ``Civil Rights Act of 1866'') (14 Stat. 
        27, chapter 31) (and the laws derived from that Act), and to 
        the civil rights and liberties of all racial minorities across 
        the United States; and
            (3) reaffirms the congressional intent behind the first 
        section of the Civil Rights Act of 1866 (and the laws derived 
        from that Act), which was, and remains, the protection of the 
        rights of minorities seeking refuge from racial discrimination 
        in business.
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