Civil Rights

Issues: Judiciary

Throughout my career, I have fought for the civil rights of all Americans.  We have made great progress as a nation, but we still have to work at making this the "more perfect union" our founders envisioned.  Below is a sampling of the important civil rights legislation I have introduced and cosponsored.

Legislation in the 112th Congress

During the 112th Congress, I have been working on sponsoring and introducing multiple civil rights bills dealing with issues ranging from increasing the representation of diversity on Capitol Hill to examining racial and ethnic disparities in the U.S. Justice System. Many of the bills I have sponsored or cosponsored are listed below.

In the 112th Congress, I was closely involved with two bills involving property rights and fair employment practices. I sponsored the Equal Employment for All Act (H.R. 321), which would amend the Fair Credit Reporting Act to prohibit a current or prospective employer from using a consumer report or an investigative consumer report for employment purposes. It would prevent companies from barring otherwise competitive candidates from employment simply because of a bad credit history.  The bill does include appropriate exceptions for jobs related to finance, national security, or state or local government agencies. 

I also cosponsored the Private Property Rights Protection Act of 2011 (H.R. 1433), which would prohibit a state or political subdivision from exercising the power of eminent domain over property for the purpose of economic development. This bill would prevent the government from stripping homeowners of private property in order to transfer that property to another private entity for private development that may increase tax revenue or stimulate job growth. The bill would protect the constitutional right of homeowners and small business owners to possess private property.

Sponsored Legislation in the 112th Congress:
 

  • The Share America’s Diverse History in the Capitol Act (H.R. 1289) would increase from two to three the number of statues a state may provide for placement in Statuary Hall of the U.S. Capitol honoring deceased citizens of the state. This bill would give states the opportunity to feature more statues of women and members of racial and ethnic minority groups, which are underrepresented in the Statuary Hall.
  • The Justice Integrity Act (H.R. 1771), which I reintroduced in the 112th Congress, would create a pilot program to examine racial and ethnic disparities in the criminal justice system and develop solutions to this injustice.  Over the past 30 years while working directly with the people of Memphis and the 9th District, I have spoken to many people in the African-American community regarding their deep misgivings about the fairness of the criminal justice system.  I believe the Justice Integrity Act can begin the process of mending fences between law enforcement and minorities and increasing public confidence in the justice system.
  • The "Byrne/JAG Program Accountability Act" (H.R. 1913), which I reintroduced in the 112th Congress, would require states and localities that receive federal law enforcement funding to implement policies and practices to identify and reduce racial and ethnic disparities within their criminal justice systems.  Racial and ethnic disparities have engendered a crisis of public trust in the integrity of the criminal justice system and fueled perceptions of community bias.  This bill would be a critical step toward identifying and eliminating these disparities.

Cosponsored Legislation in the 112th Congress:
 

  • I was proud to cosponsor H. Res. 198 , Recognizing the Coordinated Struggle of Workers during the 1968 Memphis Sanitation Workers Strike to Voice Their Grievances and Reach a Collective Agreement for Rights in the Workplace. This resolution would honor the perseverance of the 1,300 members of Local 1733 in urging social and economic equality in the workplace.
  • The High School Athletics Accountability Act of 2011 (H.R. 458) would direct all elementary and secondary schools that participate in the Elementary and Secondary Education Act Program to annually report information on equality in their school athletic programs and make that information available to students and to the public. I believe that this bill will ensure that every student has the same opportunity to participate in athletics through increasing transparency in school athletic programs.
  • The Fair Employment Act of 2011 (H.R. 1113) would amend title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to add unemployment status to the categories of prohibited discrimination. This bill would allow unemployed workers to compete for jobs without having to combat prejudice due to their unemployment status. 
  • The Employment Non-Discrimination Act (H.R. 1397), which was reintroduced in the 112th Congress,  would prohibit public and private sector employees from making decisions about hiring, firing, promoting or compensating an employee based on sexual orientation or gender identity.  It strictly prohibits preferential treatment based on quotas, exempts members of the Armed Forces, veteran preference and religious organizations, and does not require employees to provide benefits to domestic partners.
  • The Transportation Opportunity and Accountability Act (H.R. 2019) would strengthen enforcement of the civil rights laws within the transportation system.
  • The Fairness in Cocaine Sentencing Act of 2011 (H.R. 2242) would eliminate the sentencing disparity between crack-cocaine and powder cocaine, which has a disproportionate impact on minority populations. The Fair Sentencing Act of 2010, which became law on August 3, 2010, significantly reduced the disparity from 100:1 down to 18:1.  This was an important start, but we need to eliminate the disparity altogether.
  • The Equal Rights Amendment (H.J. Res. 69) would finally enshrine in the Constitution that women must be treated equally to men under the law.

Legislation in the 111th Congress

I sponsored or cosponsored a number of bills dealing with civil rights in the 111th Congress, many of which are listed below.

Sponsored Legislation in the 111th Congress:

  • The Justice Integrity Act (H.R. 1412 ) would create a pilot program to examine racial and ethnic disparities in the criminal justice system and develop solutions to this injustice.  Over the past 30 years while working directly with the people of Memphis and the 9th District, I have spoken to many people in the African-American community regarding their deep misgivings about the fairness of the criminal justice system.  I believe the Justice Integrity Act can begin the process of mending fences between law enforcement and minorities and increasing public confidence in the justice system.
  • The "Byrne/JAG Program Accountability Act" (H.R. 5304 ) would require states and localities that receive federal law enforcement funding to implement policies and practices to identify and reduce racial and ethnic disparities within their criminal justice systems.  Racial and ethnic disparities have engendered a crisis of public trust in the integrity of the criminal justice system and fueled perceptions of community bias.  This bill would be a critical step toward identifying and eliminating these disparities.
  • The "Fresh Start Act" (H.R. 5492 ) would enable non-violent federal offenders who have served their time and lived a clean life ever since to have their convictions expunged from their records.  To be eligible for expungement, an offender may not have committed any other state or federal offense, whether violent or non-violent, and must have served their full sentence.  This bill would allow people who made a mistake earlier in life, and have paid their debt to society, to wipe the slate clean and lead productive lives.

Cosponsored Legislation in the 111th Congress:

Racial Justice

  • The Commission to Study Reparation Proposals for African-Americans Act (H.R. 40 ) would examine the lingering effects of slavery and determine whether any form of compensation for the descendants of slaves is appropriate.
  • The Local Law Enforcement Hate Crimes Prevention Act (H.R. 1913 ) authorizes the Attorney General to provide assistance to state and local law enforcement agencies in the investigation and prosecution of hate crimes based on various personal characteristics, including race.  It also prohibits willfully causing bodily injury because of a person's actual or perceived race, color, national origin, religion, gender, sexual orientation, gender identity, or disability.
  • H.R. 3623 would ensure that African-American farmers who suffered years of discrimination at the hand of the U.S. Department of Agriculture are properly compensated. It would also criminalize any scheme to defraud any of these farmers.

Sex Discrimination

  • On July 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act (H.R. 11 ), which overturned a recent Supreme Court decision restricting the ability of a woman who was paid less than her male co-workers to sue for employment discrimination.  The new law clarifies that an unlawful employment practice occurs when: (1) a discriminatory compensation decision is made or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by application of the decision or practice, including each time compensation is made.
  • The House of Representatives also passed another important sex discrimination bill called the "Paycheck Fairness Act" (H.R. 12 ).  This bill would require employers to show that any wage disparities are job related, not sex-based, and consistent with business needs.  It would also protect employees from retaliation if they discuss their salaries with co-workers.

Drug Sentencing Disparities

  • Several different bills were introduced to address the unfair 100:1 sentencing disparity between powder and crack cocaine: the Drug Sentencing Reform and Kingpin Trafficking Act (H.R. 265 ), the Fairness in Cocaine Sentencing Act of 2009 (H.R. 1459 ), and the Major Drug Trafficking Prosecution Act (H.R. 1466 ).  The disparity between powder and crack cocaine offenses has had a disproportionate impact on the African-American community.  The Fair Sentencing Act of 2010, which became law on August 3, 2010, significantly reduced the disparity from 100:1 down to 18:1.  This was an important start, but we need to eliminate the disparity altogether.

Election Integrity

  • The Deceptive Practices and Voter Intimidation Prevention Act (H.R. 97 ) would make it unlawful for someone to knowingly spread false election-related information with the intent to prevent another person from exercising the right to vote.  This bill is a response to documented efforts at voter suppression, which are particularly targeted at minority voters.
  • The Caging Prohibition Act (H.R. 103 ) protects voters from being unfairly removed from the registration rolls.
  • The Voter Confidence and Increased Accessibility Act of 2009 (H.R. 2894 ) would require voter-verified paper ballots for all federal elections so that we will never again face a situation like the disastrous 2000 presidential election in Florida that disenfranchised so many minority voters.
  • The Democracy Restoration Act (H.R. 3335 ) would restore the right to vote in federal elections for all people with felony convictions who have served their time.  Ex-felon disenfranchisement laws prevent people from reintegrating into society and have a disproportionate racial impact.

Civil Liberties and Presidential Power

  • H.R. 104 would establish a National Commission on Presidential War Powers and Civil Liberties.  This bill would investigate the broad range of policies from the prior Administration that violated civil liberties, including unreviewable war powers, torture, extraordinary rendition, and domestic warrantless wiretapping.
  • The “Detainee Interrogation Recording Act” (H.R. 2983 ) would require the recording of strategic intelligence interrogation conducted by the military.  This will extract the most information possible from detainees, while preventing the sorts of abuses we have seen in the prior Administration

Protecting the Rights of Gays and Lesbians

  • The Military Readiness Enhancement Act (H.R. 1283 ) would repeal the military's "Don't Ask, Don't Tell Policy," which has forced hundreds of brave soldiers to leave the military, including necessary Arabic translators.  On December 22, 2010, President Obama signed into law a repeal of the Don’t Ask, Don’t Tell Policy.
  • The Domestic Partnership Benefits and Obligations Act (H.R. 2517 ) would extend benefits to the domestic partners of federal employees.
  • The Employment Non-Discrimination Act (H.R. 3017 ) would prohibit public and private sector employees from making decisions about hiring, firing, promoting or compensating an employee based on sexual orientation or gender identity.  It strictly prohibits preferential treatment based on quotas, exempts members of the Armed Forces, veteran preference and religious organizations, and does not require employees to provide benefits to domestic partners.