,,iii  #aafth ,,congress  #ast ,session 
,s4 ,,res4 #dbi  ,,in ,,the ,,senate    
,,of ,,the ,,united ,,states  ,november 
#ah1 #bjai,mr4 ,schumer 7for ,ms4       
,harris 7for herself1 ,mr4 ,blumenthal1 
,mr4 ,booker1 ,mrs4 ,feinstein1 ,ms4    
,hirono1 ,mr4 ,wyden1 and ,ms4 ,warren77
 submitted the following resolution2    
which was referred to the ,committee on 
the ,judiciary  ,,resolution            
,recognizing the importance of the      
,civil ,rights ,act of #ahff and the    
laws derived from the ,civil ,rights    
,act of #ahff4  ,whereas1 in the        
aftermath of the ,civil ,war1 the       
reunified ,united ,states struggled to  
reconstruct the war-torn ,states and    
establish laws granting newly freed     
slaves the same rights afforded to      
,white citizens2 ,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

 and1 with that emancipation1 the       
receipt by those emancipated ,african   
,americans of civil and legal           
protections2 ,whereas1 as a response to 
the uncertain and unequal status of     
newly freed slaves1 the #acth ,amendment
 to the ,constitution of the ,united    
,states was ratified by the ,states on  
,december #f1 #ahfe1 formally abolishing
 slavery within the ,united ,states1 or 
any place subject to their jurisdiction2
 ,whereas1 on ,april #i1 #ahff1         
,congress overrode a ,presidential veto 
to enact the ,act of ,april #i1 #ahff   
7commonly known as and referred to in   
this preamble as the ,civil ,rights ,act
 of #ahff7 7#ad ,stat4 #bg1 chapter     
#ca71 a law written to protect and      
clarify the newly bestowed rights of    
persons of ,african descent2 ,whereas   
the ,civil ,rights ,act of #ahff        
declared that all persons born in the   
,united ,states are entitled to be      
citizens1 without regard to race1 color1
 or previous condition of slavery or    

involuntary servitude2 ,whereas the     
,civil ,rights ,act of #ahff was        
enacted-- 7#a7 to establish that all    
persons born in the ,united ,states are 
to be considered citizens2  7#b7 to     
clearly define the rights guaranteed by 
,united ,states citizenship2 and  7#c7  
to make it unlawful for any person to   
deprive another person of those rights  
on the basis of race2  ,whereas the     
,civil ,rights ,act of #ahff served the 
role of overriding ,black ,codes1 laws  
enacted in southern ,states to restrict 
the freedom of ,african ,americans and  
keep formerly enslaved persons from     
thriving in society2 ,whereas the first 
section of the ,civil ,rights ,act of   
#ahff 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        
activity2 ,whereas the first section of 
the ,civil ,rights ,act of #ahff was    

used to challenge the laws established  
by southern ,states to limit the rights 
and opportunities of newly freed slaves2
 ,whereas1 under section #aigg of the   
,revised ,statutes 7#db ,u4,s4,c4       
#aiha71 which is derived from section   
#af of the ,act of ,may #ca1 #ahgj      
7commonly known as and referred to in   
this preamble as the ,enforcement ,act  
of #ahgj7 7#af ,stat4 #adj1 chapter     
#aad7 and the first section of the      
,civil ,rights ,act of #ahff1 ,african  
,american citizens are given the right  
to enforce contracts1 give evidence in  
court1 sue and be sued1 and purchase1   
sell1 and convey real and personal      
property2 ,whereas1 in #aige1 the       
,supreme ,court recognized in ,johnson  
v4 ,railway ,express ,agency1 ,inc41    
#dba ,u4,s4 #ded 7#aige71 that section  
#af of the ,enforcement ,act of #ahgj   
allowed for private employers to be held
 accountable for discrimination within  
their ranks2 ,whereas section #aigg of  
the ,revised ,statutes 7#db ,u4,s4,c4   

#aiha7 applies to all contracts1        
including those between employer and    
employee1 and has become a vital tool   
for employment discrimination claimants2
 ,whereas section #aigg of the ,revised 
,statutes 7#db ,u4,s4,c4 #aiha7 stands  
as one of the only laws protecting      
against employers openly discriminating 
on the basis of race when contracting   
with other parties2 ,whereas it is well 
established that section #aigg of the   
,revised ,statutes 7#db ,u4,s4,c4 #aiha7
 has been invoked to challenge race     
discrimination in employment matters and
 has held bad actors accountable for    
contract discrimination2 ,whereas1 in   
#aihi1 in ,patterson v4 ,mc,lean ,credit
 ,union1 #dia ,u4,s4 #afd 7#aihi71 the  
,supreme ,court narrowly interpreted    
section #aigg of the ,revised ,statutes 
7#db ,u4,s4,c4 #aiha7 to apply only to  
contract formation1 finding that only   
certain points in a contractual         
engagement could be subject to the      
protections afforded in that section2   

,whereas the ruling in ,patterson v4    
,mc,lean ,credit ,union1 #dia ,u4,s4    
#afd 7#aihi71 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 discrimination2 ,whereas1 in 
#aiia1 ,congress1 by statute1 as part of
 the ,civil ,rights ,act of #aiia       
7,public ,law #ajb-aff2 #aje ,stat4     
#ajga71 disagreed with a plethora of    
,supreme ,court decisions that          
undermined ,federal antidiscrimination  
laws and challenged the restrictive     
interpretation of section #aigg of the  
,revised ,statutes 7#db ,u4,s4,c4 #aiha7
 expressed by the ,supreme ,court in    
,patterson v4 ,mc,lean ,credit ,union1  
#dia ,u4,s4 #afd 7#aihi72 ,whereas the  
#bjjh decision in ,,cbocs ,west1 ,inc4  
v4 ,humphries1 #eec ,u4,s4 #ddb 7#bjjh71
 further determined that section #aigg  
of the ,revised ,statutes 7#db ,u4,s4,c4
 #aiha7 prohibits not only direct       
discrimination1 but retaliation against 

those alleging discrimination2 ,whereas 
the intent of ,congress is clear through
 the legislative history of section     
#aigg of the ,revised ,statutes 7#db    
,u4,s4,c4 #aiha71 which definitively    
illustrates that the law was meant to   
provide and enforce robust protection   
against race discrimination in          
contracting2 ,whereas section #aigg of  
the ,revised ,statutes 7#db ,u4,s4,c4   
#aiha7-- 7#a7 in subsection 7a71        
provides that all persons within the    
jurisdiction of the ,united ,states     
shall have the same right 4 4 4 to make 
and enforce contracts 4 4 4 as is       
enjoyed by white citizens2 and  7#b7 in 
subsection 7b71 defines make and enforce
 contracts to include the making1       
performance1 modification1 and          
termination of contracts1 and the       
enjoyment of all benefits1 privileges1  
terms1 and conditions of the contractual
 relationship2  ,whereas section #aigg  
of the ,revised ,statutes 7#db ,u4,s4,c4
 #aiha7 clearly enumerates the          

protections afforded to minorities in   
the ,united ,states when contracting    
with businesses and makes clear that all
 aspects of the creation1 modification1 
and termination of contracts are subject
 to the scrutiny of that section2       
,whereas the most direct interpretation 
of section #aigg of the ,revised        
,statutes 7#db ,u4,s4,c4 #aiha7 ensures 
that all racial minorities in the       
,united ,states be granted the          
opportunity to enter into contractual   
agreements free of discrimination2 and  
,whereas section #aigg of the ,revised  
,statutes 7#db ,u4,s4,c4 #aiha7 serves  
as a critically important tool to ensure
 that no person is denied the ability to
 contract with another on the basis of  
race3 ,now1 therefore1 be it  ,that the 
,senate-- 7#a7 recognizes and honors the
 historical significance of section     
#aigg of the ,revised ,statutes 7#db    
,u4,s4,c4 #aiha7 and the instrumental   
contributions of that law to the pursuit
 of equal protection for all citizens of

 the ,united ,states2  7#b7 reaffirms   
its commitment to the #acth1 #adth1 and 
#aeth ,amendments to the ,constitution  
of the ,united ,states1 to the ,act of  
,april #i1 #ahff 7commonly known as and 
referred to in this resolving clause as 
the ,civil ,rights ,act of #ahff7 7#ad  
,stat4 #bg1 chapter #ca7 7and the laws  
derived from that ,act71 and to the     
civil rights and liberties of all racial
 minorities across the ,united ,states2 
and  7#c7 reaffirms the congressional   
intent behind the first section of the  
,civil ,rights ,act of #ahff 7and the   
laws derived from that ,act71 which was1
 and remains1 the protection of the     
rights of minorities seeking refuge from
 racial discrimination in business4