(b) The district court shall not proceed in the exercise of jurisdiction conferred by section 201 unless, at or prior to final arraignment in the district court, there is filed with the district court a certificate of the Attorney General of the United States that prosecution of the cause by the United States in a Federal district court would fulfill the responsibility of the United States Government to assure equal protection of the laws. Upon the filing of such a certificate, the jurisdiction given by section 201 shall become exclusive of the courts of any State, and the prosecution shall thereafter be conducted exclusively by the Attorney General of the United States or his designate. Upon the filing of the certificate, no State court shall have or retain jurisdiction of any offense charged against the defendant prosecution for which would constitute jeopardy in respect of the offense described in the certificate. The certificate of the Attorney General shall not be subject to review by any court.

(c) If the certificate of the Attorney General described in subsection (b) of this section is not filed at or prior to final arraignment in the district court, the district court shall dismiss the prosecution without prejudice.

(d) Notwithstanding the certificate of the Attorney General described in subsection (b) of this section has not yet been filed and no judicial finding has yet been made sustaining the jurisdiction of a Federal court under section 201 of this Act, Federal judicial, executive, administrative and law enforcement officers and agencies, including but not limited to Federal judges, commissioners, marshals, grand juries, prosecuting attorneys, and the Federal Bureau of Investigation may exercise all powers given them by the laws of the United States in order to prevent and investigate any offense within the jurisdiction conferred by section 201 and to apprehend and prosecute the offender or offenders. In any case where such powers by the general laws of the United States are restricted to felonies, the same powers may be exercised in cases involving misdemeanors or other offenses within the jurisdiction conferred by section 201. The authority given Federal executive, administrative and law enforcement officers and agencies under this subsection shall be exercised subject to the direction of the Attorney General of the United States, but if the delay of their exercise until a direction of the Attorney General is received is impracticable in order effectively to prevent or investigate any offense within the jurisdiction given by section 201 of this Act or to apprehend or prosecute the offender or offenders, they may be exercised without direction of the Attorney General. The Attorney General is authorized to issue rules and regulations for the implementation of this subsection.

REMOVAL BY THE ATTORNEY GENERAL

SEC. 204. (a) Where a prosecution has been commenced in any court of a State in respect of any offense within the jurisdiction conferred by section 201 of this Act, the United States may at any time before jeopardy attaches remove the prosecution for trial to the district court for the district embracing the place wherein the prosecution is pending.

(b) Such removal shall be instituted by the filing in the district court of the certificate of the Attorney General described in section 203(b) of this Act, which certificate shall identify the prosecution to be removed. The filing of this certificate, together with the filing of a copy thereof with the judge or clerk of the State court in which the prosecution is pending (which filing may precede or follow or be contemporaneous with the filing of the certificate in the district court) shall effect the removal, and the jurisdiction of the State court shall thereupon terminate and all State court proceedings thereafter shall be null and void for all purposes unless and until the case is remanded. Following removal under this section:

(i) the jurisdiction conferred by subsection (a) of this section shall be exclusive of the courts of any State, and the prosecution shall be conducted exclusively by the Attorney General or his designate; and

(ii) no State court shall have or retain jurisdiction of any offense charged against the defendant, prosecution for which would constitute jeopardy in respect of the offense described in the certificate.

(iii) the certificate of the Attorney General shall not be subject to review by any court.

(c) Where the offense charged is one required by the Constitution to be presecuted by indictment and no such indictment was returned prior to removal, indictment by a Federal grand jury shall be required within a reasonable time or the proceeding shall be remanded to the State court.

SEC. 205. (a) The Federal Rules of Criminal Procedure shall apply to proceedings under sections 201 through 204.

65-506-66-pt. 1-4

(b) Any person convicted in proceedings under sections 201 through 204 shall be sentenced to the fine, term or imprisonment, or both, prescribed by the State law applicable to the offense of which he is convicted. For all other purposes of imposition or execution of sentence, including but not limited to the payment of fine, custody, probation, parole, and pardon, he shall be treated as a person convicted and sentenced under the criminal laws of the United States.

(c) Sections 201 through 205, inclusive, shall become inoperative on and after January 1, 1975.

INVESTIGATION OF JURY EXCLUSION

SEC. 206. (a) The United States Commission on Civil Rights shall investigate the service on grand and petit juries by members of racial or color groups in the State and local courts of any county or other political subdivision in which it believes that there may be disparate treatment of members of different racial or color groups.

(b) Before publishing the results of any such investigation, the Commission shall furnish a copy of its proposed findings to the State or local court, the jury commissioners and any other officials responsible for jury selection in the county or other political subdivision concerned and shall give them an opportunity to controvert any of the proposed findings. Upon consideration of their responses and such consultation with the affected commissioners and officials as may be indicated, the Commission may revise its proposed findings. If any of those proposed findings remain controverted, the Commission shall cause a public hearing to be held in the county or other political subdivision concerned to consider the remaining issues of fact. Such hearing may be held by the Commission or by a person or persons designated by it who may but need not be a member or members of the Commission or its staff; the person or persons thus designated shall have all the powers the Commission would have in regard to the conduct of such a hearing. If any such hearing is not held by the Commission itself, the person or persons conducting it shall prepare a report which shall be forwarded to the Commission together with such comments thereon as local officials may make and with the record of the hearing. The Commission shall thereafter publish its findings and a detailed summary of the data on which those findings are based. Judicial notice of the findings of the Commission and the data contained in its detailed summary shall be taken in any judicial proceeding in any court.

(c) In any action or proceeding under this Act, the Commission's findings and summary of data under subsection (b) of this section shall constitute evidence of the facts presented therein and, except to the extent that the party controverting those facts satisfies the court, by evidence on the record as a whole, that particular findings or data are not correct, the courts shall accept the Commission's findings and data as adequately probative of all the facts contained therein and shall make its findings in accordance therewith.

(d) In proceedings under this section, the Commission shall have all the powers granted it under all other statutes; and the powers conferred on it by this section are in addition to its powers under such other statutes.

FEDERAL OFFENSES

SEC. 207. 18 U.S.C. 241 is amended to read as follows:

"(a) Whoever, whether acting under color of law or otherwise

"(1) willfully injures, oppresses, threatens, or intimidates any person in the free exercise or enjoyment of any right, privilege, or immunity granted, secured, or protected by the Constitution or laws of the United States, or because of his having so exercised the same; or

"(2) intentionally commits an assault or an assault and battery upon any person exercising, attempting to exercise, or advocating the exercise of, any right, privilege, or immunity secured or protected against discrimination on the grounds of race or color by the Constitution or laws of the United States;

or

"(3) intentionally commits an assault or an assault and battery upon any person using directly or indirectly, the facilities of interstate commerce, or traveling therein, or upon any person where the assailant uses, directly or indirectly, any facility of interstate commerce, or anything that has moved in interstate commerce, in the commission of the assault or assault and battery, when the purpose or reasonably foreseeable effect of such assault or assault and battery is to prevent any person or class of persons from exercising or

advocating equal rights or opportunities free from discrimination on the grounds of race or color, or to intimidate any person or class of persons in the exercise or advocacy of such rights or opportunities; shall upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both; except that if in the course of the act or acts for which he is convicted he inflicts death or grave bodily injury, he shall be fined not more than $10,000 and imprisoned for not more than twenty years, or both. "(b) If two or more persons go in disguise on the highway or on the premises of another, with intent to prevent or hinder the free exercise or enjoyment of any right, privilege, or immunity covered by subsection (a) of this section, they shall, upon conviction, be subject to the penalties in subsection (a) of this section."

TITLE III-CIVIL PREVENTIVE RELIEF

SEC. 301. Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person because of race or color, of any right, privilege, or immunity, granted, secured, or protected by the Constitution or laws of the United States, such other person in his own right or the Attorney General for or in the name of the United States, may institute a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, order requiring the posting of a bond to secure compliance with any order of the court, or other order.

SEC. 302. Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of, or hinder him in the exercise of, the right to speak, assemble, petition, or otherwise express himself for the purpose of advocating equality of persons or opportunity free from discrimination because of race or color, such other person in his own right, or the Attorney General for or in the name of the United States, may institute a civil action or other proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, order requiring the posting of bond to secure compliance with any order of the court, or other order; provided that such other person above mentioned is a person described in subsection 202(d) (i) or (ii) and any one of the circumstances specified in section 202(e) is established by a preponderance of the evidence. The provisions of section 202(f) shall be applicable in proceedings under this

section.

SEC. 303. In any proceeding under this section the United States shall be liable for costs the same as a private person. The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law.

TITLE IV-REMOVAL BY CERTAIN DEFENDANTS

SEC. 401. Any defendant in a criminal action or in a civil or criminal contempt action in a State or local court may remove said action to the district court of the United States for the district embracing the place wherein it is pending if the defendant is a person described in either subsection (i) or (ii) of section 202(d) and if any one of the circumstances specified in section 202(e) is established by a preponderance of the evidence. The provisions of section 202(f) shall be applicable in proceedings under this section.

SEC. 402. Any defendant in any action or proceeding (civil, criminal, or otherwise) in a State or local court may remove said action or proceeding to the district court of the United States for the district embracing the place wherein it is pending if the action or proceeding is maintained for or on account of any act or omission in the exercise of the freedoms of speech, of the press, of assembly or of petition guaranteed by the Constitution or laws of the United States for the purpose of advocating or supporting racial equality or of protesting the denial of racial equality; or any act or omission protected by the Constitution or laws of the United States against abridgment or interference by reason of race or color.

SEC. 403. The procedures set forth in sections 1446 and 1447 of title 28 shall be applicable to removal and remand under this section, except that any order of remand shall be reviewable by appeal or otherwise.

TITLE V-CIVIL INDEMNIFICATION

SEC. 501. (a) There is hereby established within the United States Commission on Civil Rights an Indemnification Board, hereafter referred to as the Board. The Board shall be composed of three members, appointed by the President with the advice and consent of the Senate. The President shall designate one member as Chairman. No more than two members of the Board may be of the same political party.

(b) The term of office of each member of the Board shall be five years, beginning with the effective date of this Act, except of those members first appointed, one shall serve for five years, one for three years, and one for one year. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (c) The Chairman shall be compensated at the rate of $25,000 per annum, and the other members at a rate of $24,000 per annum.

(d) Two members shall constitute a quorum for the transaction of business. SEC. 502. The Board may, in accordance with civil service laws, appoint and fix the compensation of such officers, attorneys and employees, and make such expenditures, as may be necessary to carry out its functions.

SEC. 503. The Board shall make such rules and regulations as shall be necessary and proper to carry out its functions.

SEC. 504. The Commission on Civil Rights shall have the authority and duty to receive and investigate or have investigated written complaints from or on behalf of any person injured in his person or property or deprived of his life (i) because of race or color, while lawfully exercising, attempting to exercise, or advocating, or assisting another in the exercise of, any right, privilege or immunity granted, secured, or protected by the Constitution or laws of the United States, or for having so exercised, attempted, advocated or assisted or (ii) by any act, the purpose or design of which is to intimidate him or any other person from seeking or advocating equality of persons or opportunity free from discrimination based on race or color.

SEC. 505. (a) The Commission on Civil Rights may request and the Department of Justice shall make available any investigative reports that the Department of Justice has that are relevant to the complaint and investigation.

(b) The Commission may request and the Attorney General is authorized to direct that additional investigation of matters relevant to the complaint be conducted by the Federal Bureau of Investigation.

(c) The Commission shall supply copies of all of its investigative reports to the Attorney General.

SEC. 506. If, after such investigation, the Commission shall determine that probable cause exists for crediting the complaint, it shall direct the Board to conduct a hearing thereon as provided in section 507; if, however, the Commission shall determine that probable cause does not exist or that no substantial damage has occurred, it shall dismiss the complaint.

SEC. 507. (a) Any hearing may be conducted by the Board or any member of the Board designated by the Chairman.

(b) In the event the Board determines that because of the number of complaints or for other valid reasons it is not in the interest of justice for it or a member to conduct a hearing, it may designate an agent or employee of the Board or a person not associated with the Board to conduct the hearing provided any such agent, employee or other person so designated shall be a member of the bar of the highest court of one of the States of the United States.

(c) Any person not an agent or employee of the Board shall be reimbursed for services rendered in connection with such hearing as determined by the Board, subject to approval of the Civil Service Commission.

(d) The Board or any member of hearing officer may administer oaths or affirmations.

(e) The Board shall have the same powers of investigation and subpoena as those granted the National Labor Relations Board in 29 U.S.C. 161 (1) and (2). (f) A full record shall be made and kept of all hearings conducted.

SEC. 508. (a) After hearing, the Board member or hearing officer conducting the hearing shall make findings of fact based upon the record.

(b) After a hearing conducted by the Board, it shall, if it finds that any complainant has suffered injury referred to in section 504, make a monetary award of indemnification to compensate such complainant for such injury.

(c) After a hearing conducted by a member of the Board or hearing officer, he shall, if he finds that any complainant has suffered injury referred to in section

504, make a recommendation of an award of indemnification. All such recommendations shall be reviewed by the Board. Upon review, the Board shall review the findings of fact and shall affirm, reject, or modify findings and such recommendations and enter or deny an award.

(d) All awards made hereunder shall include reasonable attorney's fees.

SEC. 509. (a) In the event that the investigation of the complaint or the hearing thereon indicates the person or persons responsible for the injury for which an award is sought, such person or persons shall be notified and shall have a reasonable opportunity to intervene in the hearing and to be fully heard.

(b) In the event that such investigation or learing indicates that the injury resulted in whole or in part from action taken under color of law, the political subdivision and/or the State under whose authority such action was taken shall be notified and shall have a reasonable opportunity to intervene in the hearing and to be fully heard.

(c) Notice under this section may be by personal service or by registered mail. (d) Notice to a State or political subdivision may be given to the chief executive or principal legal officer of such State or political subdivision.

(e) The Board shall, if necessary to secure a full hearing for any intervenor, continue the hearing from time to time.

SEC. 510. The United States may, on the motion of the Attorney General, intervene at any state of the hearing or appeal.

SEC. 511. (a) The complainant or any intervenor may obtain a review of the final decision of the Board in the United States Court of Appeals for the District of Columbia or the court of appeals for the judicial circuit in which the injury occurred or the person seeking review resides.

(b) Such review shall be made on the basis of the record before the Board, and the findings of the Board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

SEC. 512. (a) In any instance in which the injury or death for which an award is made results in whole or in part from action taken under color of law, or from action whether or not taken under color of law which in any way impedes or infringes upon the exercise or advocacy of any right, privilege, or immunity granted, secured, or protected by the Constitution or laws of the United States, the United States shall have a cause of action for recovery of the amount of such award against the person or persons responsible for the injury for which the award is made.

(b) If the injury for which an award is made resulted in whole or in part from action taken under color of law, the political subdivision and/or the State under whose authority such action was taken shall be jointly and severally liable with the person or persons responsible for such injury.

(c) In any case brought under this section against anyone notified under section 509, the findings of fact as made, modified, or approved, by the Board pursuant to section 508 shall be admissible and shall constitute prima facie evidence of the facts determined by the findings, and the award of indemnification shall be admissible and shall constitute prima facie evidence of the damages suffered by the complainant.

(d) The district courts of the United States shall have jurisdiction to hear cases brought under this section.

SEC. 513. (a) In the event the person injured dies, a complaint shall be filed by any representative of his estate, or by his or her spouse, child, or dependent and the Board shall determine to whom any award shall be made.

(b) In the event of the inability or incapacity of the person injured to file a complaint, it may be filed by his or her spouse, child, dependent, or counsel.

SEC. 514. All complaints inust be filed within six months of the injury for which an award is sought, except that where the injury results in death, the complaint may be filed within twelve months of death.

SEC. 515. Nothing herein shall deny to any person the right to pursue any action or remedy granted him under any other law of the United States or any State, provided that in the event that any person receives in any other action an award of damages for which an award of indemnification has been made under this title, the United States shall have a lien against such award in the amount of the award of indemnification. In the event such other award is made prior to the award of indemnification, the amount of such other award shall be considered by the Board in determining whether to make an award and, if so, the amount of the award.