[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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