AMENDMENTS

SEC. 502. (a) Section 241 of title 18, United States Code, is amended by striking out the final paragraph thereof and substituting the following:

"They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life."

(b) Section 242 of title 18, United States Code, is amended by striking out the period at the end thereof and adding the following: "; and if death results shall be subject to imprisonment for any term of years or for life."

(c) Subsections (a) and (c) of section 12 of the Voting Rights Act of 1965 (79 Stat. 443, 444) are amended by striking out the words "or (b)" following the words "11 (a)."

TITLE VI-MISCELLANEOUS

AUTHORIZATION FOR APPROPRIATIONS

SEC. 601. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEPARABILITY

SEC. 602. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other prsons not similarly situated or to other circumstancs shall not be affected thereby.

[S. 3296, 89th Cong., 2d sess.]

AMENDMENTS Intended to be proposed by Mr. Ervin to S. 3296, a bill to assure nondiscrimination in Federal and State jury selection and service, to facilitate the desegregation of public education and other public facilities, to provide judicial relief against discriminatory housing practices, to prescribe penalties for certain acts of violence or intimidation, and for other purposes, viz:

On page 35, between lines 16 and 17, insert the following new title:

"TITLE VI-CIVIL RIGHTS ACT AMENDMENT

"SEC. 601. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by adding at the end thereof the following new section:

"SEC. 606. (a) Nothing contained in this title shall be construed to authorize the termination of, or the refusal to grant or continue, any Federal financial assistance for any cause other than a violation of a provision of the Constitution, or an affirmative provision of a statute of the United States, which has been established by substantial evidence.

(b) No rule, regulation, or order which may result in the termination of, or the failure to grant or continue, any Federal assistance shall be placed in effect unless it has been adopted after proceedings taken in compliance with the requirements of sections 4-10, inclusive, of the Administrative Procedure Act (5 U.S.C. 1003-1009).

"(c) A determination under this title to the effect that discrimination on the ground of race, color, or national origin exists, has existed, or in the future may exist, in the administration of any program or activity shall require a showing by substantial evidence that in the administration or operation thereof conditions or requirements are, have been, or may be imposed with affirmative intent to exclude, or with the necessary effect of excluding, individuals from participation in the benefits of such program or activity solely upon the ground of race, color, or national origin.

(d) Nothing contained in this title shall be construed to authorize any Federal department, agency, or officer to issue any rule, regulation, or order for the purpose or with the effect of

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'(1) controlling or regulating the administration or operation of any school, hospital, or other institution for any purpose other than to provide equal opportunity for access thereto by individuals without regard to race, color, or national origin; or

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(2) depriving any class of individuals of the privilege of determining voluntarily whether or not to avail themselves of any benefit provided by any program or activity, or of the facilities of any school, hospital, or other institution.'"

On page 35, line 17, strike out "TITLE VI", and insert in lieu thereof "TITLE VII".

On page 35, line 19, strike out "SEC. 601", and insert in lieu thereof "SEC. 701". On page 36, line 2, strike out "SEC. 602", and insert in lieu thereof “SEC. 702”.

[S. 1497, 89th Cong., 1st sess.]

A BILL To protect civil rights by providing criminal and civil remedies for unlawful official violence, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Protection Against Unlawful Official Violence Act."

PROTECTION AGAINST VIOLENCE UNDER COLOR OF LAW

SEC. 2. (a) Section 242 of title 18, United States Code, is amended by inserting "(a)" immediately before "Whoever", and by adding at the end thereof the following:

"(b) Whoever, under color of any law, statute, ordinance, or regulation or custom knowingly performs any of the following acts depriving another person of any of the rights, privileges, or immunities secured by the Constitution and laws of the United States shall be fined not more than $1,000 or imprisoned not more than one year, or both:

"(1) Subjecting any person to physical injury for an unlawful purpose; "(2) Subjecting any person to unnecessary force during the course of an arrest or while the person is being held in custody;

"(3) Subjecting any person to violence or maliciously subjecting such person to unlawful restraint in the course of eliciting a confession to a crime or any other information;

"(4) Subjecting any person to violence or unlawful restraint for the purpose of obtaining anything of value;

"(5) Refusing to provide protection to any person from unlawful violence at the hands of private persons, knowing that such violence was planned or was then taking place; or

"(6) Aiding or assisting private persons in any way to carry out acts of unlawful violence."

(b) The enactment of this section shall not beconstrued as indicating an intent on the part of the Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which they would have jurisdiction in the absence of the enactment of this section.

FEDERAL CIVIL REMEDIES FOR UNLAWFUL OFFICIAL VIOLENCE

SEC. 3. Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended by inserting "(a)" immediately after "SEC. 1979.", and by adding at the end thereof the following:

"(b) Every city, county, or political subdivision of a State or territory which has in its employ a person who, under color of any statute, ordinance, regulation, custom, or usage of such State, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress to the same extent as the person employed is liable to the party injured."

PROTECTION OF FEDERAL OFFICERS AND UNIFORMED MEMBERS OF THE ARMED SERVICES FROM INJURY AND THREATS

SEC. 4. (a) Chapter 73 of title 18 of the United States Code is amended by adding at the end of such chapter the following new section:

"§ 1510. Injuring or threatening to injure officers of the United States

"Whoever, by force, intimidation, or threat, prevents or attempts to prevent any person from accepting or holding any office, trust, or place of confidence under the United States, or attempts to induce by like means any officer of the United States to leave the place where his duties as an officer are required to be performed;

or whoever injures or attempts to injure or threatens to injure any such person or the property of such person on account of the lawful discharge of the duties of his office, or while such person is engaged in the lawful discharge thereof; or whoever injures or attempts to injure or threatens to injure the property of any such person so as to molest, interrupt, hinder, or impede such person in the discharge of his official duties shall be fined not more than $5,000 or imprisoned not more than six years, or both."

(b) The analysis of chapter 73, immediately preceding section 1501 of title 18 of the United States Code, is amended by adding at the end thereof the following:

"1510. Injuring or threatening to injure officers of the United States."

(c) Section 1114 of title 18 of the United States Code is amended by striking out "officer or enlisted man of the Coast Guard" and inserting in lieu thereof "uniformed member of the Army, Navy, Air Force, Marine Corps, or Coast Guard".

[S. 1654, 89th Cong., 1st sess.]

A BILL To amend sections 241 and 242 of title 18, United States Code, to specify the punishment if personal injury or death results from a violation of such sections

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 241 of title 18, United States Code, is amended by deleting the period at the end thereof and inserting the following: "; and if personal injury results they shall be fined not more than $10,000 or imprisoned not more than twenty years, or both; and if death results they shall be subject to imprisonment for any term of years or for life."

SEC. 2. Section 242 of title 18, United States Code, is amended by deleting the period at the end thereof and inserting the following: "; and if personal injury results shall be subject to imprisonment for not more than twenty years or a fine of not more than $10,000, or both; and if death results shall be subject to imprisonment for any term of years or for life."

[S. 2845, 89th Cong., 2d sess.]

A BILL To provide for the selection of qualified persons to serve as jurors in each United States district court without regard to their race or color

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1864 of title 28, United States Code, is amended

(1) by inserting "(a)" immediately before "The" in the first paragraph thereof;

(2) by adding after the fourth paragraph thereof the following:

"In selecting the names of qualified persons to be placed in any jury box for any district, the clerk of court or his deputy and the jury commissioner for the place for holding court where such jury box is maintained shall use a list submitted to them by the Director of the Census. For purposes of this section, the Director of the Census shall, from time to time as necessary to refill any such jury box, prepare and submit to the clerk of court or his deputy and the jury commissioner for the place for holding court where such jury box is maintained a list containing the names of persons selected at random who are qualified under section 1861 of this title to serve as jurors in the district concerned. If the court has directed that jurors shall be selected from separate parts of any district pursuant to section 1865 of this title, such lists for such district shall contain the names of qualified persons selected by the Director of the Census from such parts of such district as the court has so directed. Each such list shall contain at least three hundred names or such larger number as the court of such district has determined shall be placed in such jury box."; and

(3) by adding at the end thereof the following new subsection: "(b) (1) Whenever the United States attorney for any judicial district has probable cause for belief that the procedures, or the administration of the procedures, employed by the clerk of court or his deputy or any jury commissioner in selecting the names of persons to be placed in any jury box for such district, in determining whether persons are qualified as jurors in such district under section 1861 of this title, or in drawing the names of jurors in such district systematically or deliberately exclude any group from any jury panel in such district on account

of race, color, sex, political affiliation, religion, national origin, or economic or social status, the United States attorney may file, in the United States court of appeals for the circuit embracing such district, a petition to review the validity of such procedures or of the manner in which such procedures are administered. Each petition of any United States attorney shall contain a concise statement of the facts upon which his belief is based. The clerk of such court of appeals shall transmit a true copy of the petition to the chief judge of the district concerned and to the clerk of the district court and each jury commissioner in such district. "(2) Each court of appeals may appoint one or more masters, who shall subscribe to the oath of office required by section 1757 of the Revised Statutes (5 U.S.C. 16) and serve for such period as the court of appeals shall determine. Upon receipt of a petition under paragraph (1), the court of appeals may enter an order of reference to a master directing him to take evidence and report to the court of appeals findings as to whether or not the facts and charge specified in such petition are true. Any master appointed pursuant to this subsection shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53 of the Federal Rules of Civil Procedure; and except as inconsistent with this subsection, all proceedings before a master shall be conducted in conformity with procedures prescribed by such rule. The compensation to be allowed to any persons appointed as masters shall be fixed by the court of appeals and shall be payable by the United States.

"(3) After any such proceeding, the master shall report his findings, and the entire record, to the court of appeals, together with any recommendations as to any order which should be entered by the court of appeals. Upon receipt of any such report, the court of appeals shall cause the clerk of the court to transmit a copy thereof to the chief judge of the district concerned, the clerk of the district court, each jury commissioner in such district, and the United States attorney for such district, together with an order to show cause within ten days why a final determination of the court of appeals should not be made upon the basis of the findings or recommendations contained in such report. Upon the expiration of such period, the court of appeals shall make a determination affirming or rejecting the validity of the procedures employed in selecting persons for grand or petit jury service in such district, or of the manner in which such procedures are administered, unless, prior to that time, exceptions have been presented to any finding or recommendation contained in such report. If any such exception has been filed with the court of appeals and served upon all interested parties prior to the expiration of that time, the court of appeals shall review any finding or recommendation of the master to which such exception is taken before it makes any determination concerning the validity of such procedures or of the administration of such procedures.

"(4) In any case in which the court of appeals determines that any of the procedures employed in selecting persons for grand or petit jury service in the judicial district concerned, or the manner in which such procedures are administered, are not in conformity with the standards and requirements prescribed by section 1861 or 1863 of this title or by the other provisions of this section, the court of appeals may enter such an order as it may deem necessary and appropriate to enforce the right of citizens of the United States to serve as members of grand or petit juries without discrimination on account of race, color, sex, political affiliation, religion, national origin, or economic or social status, including, but not limited to, an order (A) directing the clerk of court or his deputy or any jury commissioner in the district concerned to adhere to the standards and requirements prescribed by section 1861 or 1863 of this title or by the other provisions of this section and to modify or terminate any procedures used for the selection of grand or petit jurors in such district which are not in conformity with such standards and requirements, or (B) striking out any jury panel unlawfully constituted.

"(5) The final judgment of the court of appeals shall be subject to review by the Supreme Court of the United States upon a writ of certiorari in accordance with the provisions of section 1254 (1) of this title, except that application therefor shall be made within ninety days after the entry of such judgment."

[S. 2846, 89th Cong., 2d sess.]

A BILL To protect civil rights by providing that it shall be a Federal offense to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any of his civil rights; by providing criminal and civil remedies for unlawful official violence; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Protection Against Unlawful Violence Act".

INTERFERENCE WITH FREE EXERCISE OR ENJOYMENT OF CIVIL RIGHTS

SEC. 2. (a) Section 241 of title 18, United States Code, is amended to read as follows:

"§ 241. Conspiracy against rights of citizens

"(a) If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States, or because of his having so exercised the same; or

"If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right, privilege, or immunity so secured or protected

"They shall be fined not more than $5,000 or imprisoned not more than ten years, or both; and if personal injury results they shall be fined not more than $10,000 or imprisoned not more than twenty years, or both; and if death results they shall be imprisoned for any term of years or for life.

(b) Any person who, under color of law or otherwise, willfully injures, oppresses, threatens, intimidates, or willfully attempts to injure, oppress, threaten, or intimidate any citizen

"(1) in the free exercise or enjoyment of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States against deprivation by such persons, or

"(2) because of his having so exercised or enjoyed any such right, privilege, or immunity,

shall be fined not more than $5,000 or imprisoned not more than ten years, or both; and if personal injury results shall be fined not more than $10,000 or imprisoned not more than twenty years, or both; and if death results shall be imprisoned for any term of years or for life."

(b) The enactment of this section shall not be construed as indicating an intent on the part of the Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which they would have jurisdiction in the absence of the enactment of this section.

PROTECTION AGAINST VIOLENCE UNDER COLOR OF LAW

SEC. 3. (a) Section 242 of title 18, United States Code, is amended to read as follows:

"§ 242. Deprivation of rights under color of law

"(a) Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties; on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if personal injury results shall be fined not more than $10,000 or imprisoned not more than twenty years, or both; and if death results shall be imprisoned for any term of years or for life.

"(b) Whoever, under color of any law, statute, ordinance, or regulation or custom, knowingly performs any of the following acts depriving another person of any of the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if personal injury results shall be fined not more than $10,000 or imprisoned not more than twenty years, or both; and if death results shall be imprisoned for any term of years or for life: “(1) Subjecting any person to physical injury for an unlawful purpose;

(2) Subjecting any person to unnecessary force during the course of an arrest or while the person is being held in custody;