1 "Sec. "2101. Riots. "2102. Definitions. "2103. Preemption. 2 "§ 2101. Riots 3 76 "Chapter 102.-RIOTS “(a) Whoever travels in interstate or foreign commerce 4 or uses any facility of interstate or foreign commerce, includ5 ing (but without limitation) the mail, telegraph, telephone, 6 radio, or television, with intent 7 8 9 10 11 12 "(1) to incite a riot; or to organize, promote, encourage, participate in, or carry on a riot; or to commit any act of violence in furtherance of a riot; or to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot, 13 and who either during the course of any such travel or use or 14 thereafter performs or attempts to perform any other overt 15 act for any purpose specified in subparagraph (1) of this 16 subsection, or 17 "(b) Whoever uses any facility of interstate or foreign 18 commerce, including (but without limitation) the mail, tele19 graph, telephone, radio, or television, for any purpose (other 20 than for his travel) specified in subparagraph (1) of subsec21 tion (a) hereof 1 77 "Shall be fined not more than $10,000, or imprisoned 2 not more than five years, or both. 3 "(c) Performance or attempted performance of any 4 overt act specified in subparagraph (1) of subsection (a) 5 hereof shall be deemed sufficient evidence to authorize con6 viction, unless the defendant explains his act or acts to the 7 satisfaction of the jury. 8 "(a) A judgment of conviction or acquittal on the 9 merits under the laws of any State shall be a bar to any 10 prosecution hereunder for the same act or acts. 11 "(e) Whenever, in the opinion of the Attorney General 12. or of the appropriate officer of the Department of Justice 13 charged by law or under the instructions of the Attorney 14 General with authority to act, any person shall have violated 15 this chapter, the Department shall proceed as speedily as 16 possible with a prosecution of such person hereunder and 17 with any appeal which may lie from any decision adverse 18 to the Government resulting from such prosecution; or in the 19 alternative shall report in writing, to the respective Houses 20 of the Congress, the Department's reasons for not so 21 proceeding. 22 "(f) Nothing contained in this section shall be con23 strued to make it unlawful for any person to travel in, or 78 1 use any facility of, interstate or foreign commerce for the 2 purpose of pursuing the legitimate objectives of organized 3 labor, through orderly and lawful means. 4 "§ 2102. Definitions 5 "(a) A riot is a public disturbance involving (1) an 6 act or acts of violence by one or more persons part of an 7 assemblage of three or more persons, which act or acts shall 8 constitute a clear and present danger of, or shall result in, 9 damage or injury to the property of any other person or to 10 the person of any other individual or (2) a threat or threats 11 of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons 12 13 having, individually or collectively, the ability of immediate 14 execution of such threat or threats, where the performance 15 16 17 18 19 20 21 22 23 24 25 of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual. "(b) The term 'to incite a riot, or to organize, promote, encourage, participate in, or carry on a riot' includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts." 79 1 "§ 2103. Preemption 2 "Nothing contained in this chapter shall be construed as 3 indicating an intent on the part of Congress to occupy the 4 field in which any provisions of the chapter operate to the 5 exclusion of State or local laws on the same subject matter, 6 nor shall any provision of this chapter be construed to invali7 date any provision of State law unless such provision is in8 consistent with any of the purposes of this chapter or any 9 provision thereof." 10 SEC. 803. The table of contents to "PART I.-CRIMES" 11 of title 18, United States Code, is amended by inserting after 15 SEC. 901. This title may be cited as the Travel Control 16 Act of 1968. 17 18 FINDINGS OF FACT SEC. 902. The Congress finds and declares that in 19 addition to the conditions set forth as legislative findings in 20 section 2 of the Subversive Activities Control Act of 1950 2 21 and especially paragraph (8) of said section, which findings 22 are specifically reaffirmed as currently valid, there exist 23 complex and subtly shifting world conditions which currently 80 1 do and from time to time will make it contrary to the 2 national interest, a threat to the national security, and a 3 serious impediment to the realization of the foreign policy 4 objectives of the United States for nationals or residents of 5 the United States or certain classes thereof to travel abroad 6 or to enter or travel within or through certain areas under 7 foreign jurisdiction. The Congress further finds that, in a 8 world in which political changes and crises occur rapidly, 9 there is and will continue to be a need for prompt determina10 tions, from time to time, with respect to such travel and the 11 location of such areas. It is the purpose of this Act to provide 12 for such determinations, and to authorize, when necessary, 13 such restrictions as the national interest, the protection of 14 national security and the effective and successful conduct 15 of foreign affairs may require on such travel, or travel in 16 such areas, by nationals or residents of the United States. 18 SEC. 903. Whenever the Secretary of State determines, 19 subject to the approval of the President, that the national 20 interest, for the protection of national security or the effec21 tive and successful conduct of the foreign affairs of the 22 United States requires such action, the Secretary shall 23 promulgate regulations, subject to the approval of the Presi24 dent, describing particular areas under foreign jurisdiction 25 which may be entered or traveled within or through by |