IV 
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 Indi-
ana, 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 inte-
gration of newly emancipated African Americans into 
broader society, and with it, their receipt of civil and 
legal protections; 
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•HRES 694 IH 
Whereas, as a response to the uncertain and unequal status 
of newly freed slaves, the 13th Amendment to the Con-
stitution 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 per-
sons of African descent; 
Whereas the Civil Rights Act of 1866 declared that all per-
sons 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 accom-
plish three primary objectives: to establish that all per-
sons born in the United States were to be considered citi-
zens, to clearly define the rights guaranteed by American 
citizenship, and to make it unlawful for any person to de-
prive another of these rights on the basis of race; 
Whereas the Civil Rights Act of 1866 served the role of over-
riding ‘‘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; 
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•HRES 694 IH 
Whereas under section 1977 of the Revised Statutes (42 
U.S.C. 1981), as derived from section 16 of the Enforce-
ment 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 evi-
dence 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 Re-
vised Statutes (42 U.S.C. 1981) has been invoked to 
challenge race discrimination in employment matters and 
has held bad actors accountable for contract discrimina-
tion; 
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; 
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•HRES 694 IH 
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 dis-
crimination; 
Whereas, in 1991, Congress disagreed with a plethora of Su-
preme Court decisions that undermined Federal anti-
discrimination 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. Hum-
phries, 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 his-
tory 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 dis-
crimination 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 con-
tracts’’ to ‘‘include the making, performance, modifica-
tion, and termination of contracts, and the enjoyment of 
all benefits, privileges, terms, and conditions of the con-
tractual relationship.’’; 
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•HRES 694 IH 
Whereas section 1977 of the Revised Statutes (42 U.S.C. 
1981) clearly enumerates the protections afforded to mi-
norities in the United States when contracting with busi-
nesses 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 oppor-
tunity to enter into contractual agreements free of dis-
crimination; 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 signifi-
cance 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 
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•HRES 694 IH 
laws derived therefrom), which was, and remains 
today, the protection of the rights of minorities seek-
ing refuge from racial discrimination in business. 
Æ 
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