II

105TH CONGRESS

1ST SESSION S. 142

To amend the Fair Labor Housing Act.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. FAIRCLOTH introduced the following bill; which was read twice and

referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To amend the Fair Labor Housing Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 (a) PROTECTED ACTIVITIES.—Section 807 of the

4 Fair Housing Act (42 U.S.C. 3607) is amended by adding

5 at the end the following:

6 ‘‘(c) ACTIVITIES PROTECTED BY FIRST AMEND7 MENT; ACTIONS BY GOVERNMENT OFFICIALS; ENFORCE8 MENT.—

9 ‘‘(1) ACTIVITIES PROTECTED BY FIRST AMEND10 MENT.—The following conduct does not constitute a

11 violation of this title:
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1 ‘‘(A) Any speech, activity, belief, affili2 ation, or membership protected by the first

3 amendment to the Constitution of the United

4 States, including any—

5 ‘‘(i) written or oral communication

6 with a government official or member of an

7 entity exercising government functions;

8 ‘‘(ii) nonviolent expression of opinion

9 in any form, including print, speech, or

10 electronic methods of communication; and

11 ‘‘(iii) participation, affiliation, or

12 membership in an organization engaged in

13 lawful activity.

14 ‘‘(B) The filing of an action in any Federal

15 or State court for damages or to enforce or

16 seek enforcement of any Federal, State, or local

17 law, including regulations or ordinances, if the

18 action satisfies the standards set forth in rule

19 11(b) of the Federal Rules of Civil Procedure.

20 ‘‘(2) ACTIVITIES OF GOVERNMENT OFFI21 CIALS.—In an action or proceeding against a gov22 ernment official, or a member of an entity exercising

23 a government function, in the official capacity of

24 that official or member, for a violation of this title,
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1 no evidence of the following shall be admitted as evi2 dence or otherwise considered by the trier of fact:

3 ‘‘(A) That the official or member received

4 a communication, expression of opinion, or

5 other information pertaining to the membership

6 of another person in an organization described

7 in paragraph (1)(A), or was otherwise exposed

8 to activity or conduct described in paragraph

9 (1)(A).

10 ‘‘(B) That the official or member was the

11 defendant or subject of an action otherwise de12 scribed in paragraph (1)(B), even if the action

13 did not satisfy the standards set forth in rule

14 11(b) of the Federal Rules of Civil Procedure.

15 ‘‘(3) ENFORCEMENT.—Any regulation or guide16 line for the determination of housing discrimination

17 under this title that is considered, proposed, or

18 adopted after the date of enactment of this sub19 section shall make explicitly clear that any speech,

20 activity, belief, affiliation, or membership protected

21 by the first amendment to the Constitution of the

22 United States is not to be restricted and does not

23 constitute evidence of housing discrimination under

24 this title.’’.
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1 (b) ADMINISTRATIVE ENFORCEMENT.—Section

2 810(a)(1) of the Fair Housing Act (42 U.S.C. 3610(a)(1))

3 is amended—

4 (1) in subparagraph (A), by adding at the end

5 the following:

6 ‘‘(iv) The Secretary shall not file or

7 accept for filing any complaint, unless—

8 ‘‘(I) the complaint describes the

9 alleged discriminatory housing prac10 tice in sufficient detail to enable the

11 Secretary to determine whether the

12 conduct at issue is described in sec13 tion 807(c); and

14 ‘‘(II) the Secretary has deter15 mined that the discriminatory housing

16 practice alleged in the complaint is

17 not described in section 807(c).’’; and

18 (2) in subparagraph (B)(ii)—

19 (A) by inserting ‘‘, describing in detail the

20 alleged unlawful conduct,’’ after ‘‘identifying

21 the alleged discriminatory housing practice’’;

22 and

23 (B) by inserting ‘‘including the protections

24 and exemptions set forth in section 807(c),’’
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1 after ‘‘procedural rights and obligations of re2 spondents under this title,’’.

3 (c) SANCTIONS FOR IMPERMISSIBLE COMPLAINTS.—

4 Section 810 of the Fair Housing Act (42 U.S.C. 3610)

5 is amended by adding at the end the following:

6 ‘‘(i) SANCTIONS FOR IMPERMISSIBLE COM7 PLAINTS.—If a court determines that a complaint filed,

8 or accepted for filing, by the Secretary under this section

9 does not meet the requirements of subsection

10 (a)(1)(A)(iv), the court—

11 ‘‘(1) shall promptly dismiss the complaint; and

12 ‘‘(2) shall impose appropriate sanctions on the

13 Secretary, including the assessment of all costs (in14 cluding attorney’s fees) incurred by the respondent

15 as a result of the filing of the complaint.’’.

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