An Act to enforce constitutional rights, and for other purposes
PL 86-449 (H.R.8601), enacted 05/06/1960

86 
PUBLIC LAW 86-449-MAY 6, 1960 
[74 STAT. 
Public Law 86-449 
May 6,1960 
A N A C T 
-' 
To enforce constitutional rights, and for otlier purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
of^1960^*^^*^ ^
"
^
^ United States of America in Congress assembled,, That this Act may 
be cited as the "Civil Rights Act of 1960". 
TITLE I 
OBSTRUCTION OF 
COURT ORDERS 
62 Stat. 769. 
SEC. 101. Chapter 73 of title 18, United States Code, is amended by 
adding at the end thereof a new section as follows: 
•'§ 1509. Obstruction of court orders 
"Whoever, by threats or force, willfully prevents, obstructs, 
impedes, or interferes with, or willfully attempts to prevent, obstruct, 
impede, or interfere with, the due exercise of rights or the performance 
of duties under any order, judgment, or decree of a court of the 
United States, shall be fined not more than $1,000 or imprisoned not 
more than one year, or both. 
"No injunctive or other civil relief against the conduct made 
criminal by this section shall be denied on the ground that such 
conduct is a crime." 
SEC. 102. The analysis of chapter 73 of such title is amended by 
adding at the end thereof the following: 
•'1509. Obstruction of court orders." 
TITLE II 
FLIGHT TO AVOID PROSECUTION FOR DAMAGING OR DESTROYING A N Y BUILD-
ING OR OTHER REAL OR PERSONAL PROPERTY; AND, ILLEGAL TRANSPORTA-
TION, USE OR POSSESSION OF EXPLOSIVES; AND, THREATS OR FALSE I N -
FORMATION CONCERNING ATTEMPTS TO DAMAGE OR DESTROY REAL OR 
PERSONAL PROPERTY BY FIRE OR EXPLOSIVES 
62 Stat. 755. 
SEC. 201. Chapter 49 of title 18, United States Code, is amended by 
adding at the end thereof a new section as follows: 
"§ 1074. Flight to avoid prosecution for damaging or destroying any 
building or other real or personal property 
"(a) Whoever moves or travels in interstate or foreign commerce 
with intent either; (1) to avoid prosecution, or custody, or confinement 
after conviction, under the laws of the place from which he flees, for 
willfully attempting to or damaging or destroying by fire or explosive 
any building, structure, facility, vehicle, dwelling house, synagogue, 
church, religious center or educational institution, public or private, or 
(2) to avoid giving testimony in any criminal proceeding relating 
to any such offense shall be fined not more than $5,000 or imprisoned 
not more than five years, or both. 
"(b) Violations of this section may be prosecuted in the Federal 
judicial district in which the original crime was alleged to have been 
committed or in which the person w^as held in custody or confinement: 
Provided,, however,, That this section shall not be construed as indi-
cating an intent on the part of Congress to prevent any State, Terri-
tory, Commonwealth, or possession of the United States of any juris-
diction over any offense over which they would have jurisdiction 
in the absence of such section." 
74 S T A T . ] 
PUBLIC LAW 86-449-MAY 6, 1960 
87 
SEC. 202. The analysis of chapter 49 of such title is amended by 
adding thereto the following: 
••1074. Flight to avoid prosecution for damaging or destroying any building 
or other real or personal property." 
SEC. 203. Chapter 39 of title 18 of the United States Code is 
62 stat. 738. 
amended by adding at the end thereof the following new section: 
"§837. Explosives; illegal use or possession; and, threats or false 
information concerning attempts to damage or destroy real 
or personal property by fire or explosives 
"(a) As used in this section— 
Definitions. 
" 'commerce' means commerce between any State, Territory, 
Commonwealth, District, or possession of the United States, and 
any place outside thereof; or between points within the same 
State, Territory, or possession, or the District of Columbia, but 
through any place outside thereof; or within any Territory, or 
possession of the United States, or the District of Columbia; 
" 'explosive' means gunpowders, powders used for blasting, all 
forms of high explosives, blasting materials, fuzes (other than 
electric circuit breakers), detonators, and other detonating agents, 
smokeless powders, and any chemical compounds or mechanical 
mixture that contains any oxidizing and combustible units, or 
other ingredients, in such proportions, quantities, or packing that 
ignition by fire, by friction, by concussion, by percussion, or by 
detonation of the compound or mixture or any part thereof may 
cause an explosion. 
"(b) Whoever transports or aids and abets another in transporting 
Penalties, 
in interstate or foreign commerce any explosive, with the knowledge 
or intent that it will be used to damage or destroy any building or 
other real or personal property for the purpose of interfering with 
its use for educational, religious, charitable, residential, business, or 
civic objectives or of intimidating any person pursuing such objec-
tives, shall be subject to imprisonment for not more than one year, or 
a fine of not more than $1,000, or both; and if personal injury results 
shall be subject to imprisonment for not more than ten years or a fine 
of not more than $10,000, or both; and if death results shall be sub-
ject to imprisonment for any term of years or for life, but the court 
may impose the death penalty if the jury so recommends. 
"(c) The possession of an explosive in such a manner as to evince 
an intent to use, or the use of, such explosive, to damage or destroy 
any building or other real or personal property used for educational, 
religious, charitable, residential, business, or civic objectives or to 
intimidate any person pursuing such objectives, creates rebuttable 
presumptions that the explosive was transported in interstate or for-
eign commerce or caused to be transported in interstate or foreign 
commerce by the person so possessing or using it, or by a person 
aiding or abetting the person so possessing or using it: 
Provided, 
however, That no person may be convicted under this section unless 
there is evidence independent of the presumptions that this section 
has been violated. 
" ( d ) Whoever, through the use of the mail, telephone, telegraph, 
or other instrument of commerce, willfully imparts or conveys, or 
causes to be imparted or conveyed, any threat, or false information 
knowing the same to be false, concerning an attempt or alleged at-
tempt being made, or to be made, to damage or destroy any building 
or other real or personal property for the purpose of interfering with 
its use for educational, religious, charitable, residential, business, oi* 
civic objectives, or of intimidating any person pursuing such objec-
tives, shall be subject to imprisonment for not more than one year 
or a fine of not more than $1,000, or both. 
88 
PUBLIC LAW 86-449-MAY 6, 1960 
[74 S T A T . 
"(e) This section shall not be construed as indicating an intent 
on the part of Congress to occupy the field in which this section oper-
ates to the exclusion of a law of any State, Territory, Commonwealth, 
or possession of the United States, and no law of any State, Territory, 
Commonwealth, or possession of the United States which would be 
valid in the absence of the section shall be declared invalid, and no 
local authorities shall be deprived of any jurisdiction over any offense 
over which they would have jurisdiction in the absence of this section." 
SEC. 204. The analysis of chapter 39 of title 18 is amended by adding 
thereto the following: 
"837. Exi)losives; illegal use or possession; and threats or false information 
concerning attempts to damage or destroy real or personal property by 
fire or explosives." 
TITLE III 
FEDERAL ELECTION RECORDS 
SEC. 301. Every officer of election shall retain and preserve, for a 
period of twenty-two months from the date of any general, special, or 
primary election of which candidates for the office of President, Vice 
President, presidential elector. Member of the Senate, Member of the 
House of Representatives, or Resident Commissioner from the Com-
monwealth of Puerto Rico are voted for, all records and papers which 
come into his possession relating to any application, registration, pay-
ment of poll tax, or other act requisite to voting in such election, ex-
cept that, when required by law, such records and papers may be 
delivered to another officer of election and except that, if a State or the 
Commonwealth of Puerto Rico designates a custodian to retain and 
preserve these records and papers at a specified place, then such 
records and papers may be deposited with such custodian, and the 
duty to retain and preserve any record or paper so deposited shall 
devolve upon such custodian. Any officer of election or custodian who 
willfully fails to comply with this section shall be fined not more than 
$1,000 or imprisoned not more than one year, or both. 
SEC. 302. Any person, wiiether or not an officer of election or cus-
todian, who willfully steals, destroys, conceals, mutilates, or alters 
any record or paper required by section 301 to be retained and pre-
served shall be fined not more than $1,000 or imprisoned not more 
than one year, or both. 
SEC. 303. Any record or paper required by section 301 to be retained 
and preserved shall, upon demand in writing by the Attorney Gen-
eral or his representative directed to the person having custody, 
possession, or control of such record or paper, be made available for 
inspection, reproduction, and copying at the principal office of such 
custodian by the Attorney General or his representative. 
This de-
mand shall contain a statement of the basis and the purpose therefor. 
SEC. 304. Unless otherwise ordered by a court of the United States, 
neither the Attorney General nor any employee of the Department of 
Justice, nor any other representative of the Attorney General, shall 
disclose any record or paper produced pursuant to this title, or any 
reproduction or copy, except to Congress and any committee thereof, 
governmental agencies, and in the presentation of any case or pro-
ceeding before any court or grand jury. 
SEC. 305. The United States district court for the district in which 
a demand is made pursuant to section 303, or in which a record or 
paper so demanded is located, shall have jurisdiction by appropriate 
process to compel the production of such record or paper, 
tion^'"'^*'^ of eiec- 
ggc. 306. As used in this title, the term "officer of election" means 
any person who, under color of any Federal, State, Commonwealth, 
20 u s e 241. 
74 S T A T . ] 
PUBLIC LAW 86-449-MAY 6, 1960 
or local law, statute, ordinance, regulation, authority, custom, or 
usage, performs or is authorized to perform any function, duty, or 
task in connection with any application, registration, payment of poll 
tax, or other act requisite to voting in any general, special, or primary 
election at which votes are cast for candidates for the office of Presi-
dent, Vice President, presidential elector. Member of the Senate, 
Member of the House of Representatives, or Resident Commissioner 
from the Commonwealth of Puerto Rico. 
TITLE IV 
EXTENSION OF POWERS OF THE CIVIL RIGHTS COMMISSION 
SEC. 401. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 
Supp. V 1975d) (71 Stat. 635) is amended by adding the following 
new subsection at the end thereof: 
"(h) Without limiting the generality of the foregoing, each mem-
ber of the Commission shall have the power and authority to 
administer oaths or take statements of witnesses under affirmation." 
TITLE V 
EDUCATION o r CHILDREN OF MEMBERS OF ARMED FORCES 
SEC. 501. (a) Subsection (a) of section 6 of the Act of September 
30, 1950 (Public Law 874, Eighty-first Congress), as amended, re- 
^
J
^ f*!^-.fi?^. 
lating to arrangements for the provision of free public education 
for children residing on Federal property where local educational 
agencies are unable to provide such education, is amended by inserting 
after the first sentence the following new sentence: "Such arrange-
ments to provide free public education may also be made for children 
of members of the Armed Forces on active duty, if the schools in 
which free public education is usually provided for such children are 
made unavailable to them as a result of official action by State or 
local governmental authority and it is the judgment of the Com-
missioner, after he has consulted with the appropriate State educa-
tional agency, that no local educational agency is able to provide 
suitable free public education for such children." 
(b) (1) The first sentence of subsection (d) of such section 6 is 
amended by adding before the period at the end thereof: "or, in the 
case of children to whom the second sentence of subsection (a) applies, 
with the head of any Federal department or agency having jurisdic-
tion over the parents of some or all of such children". 
(2) The second sentence of such subsection (d) is amended by strik-
ing out "Arrangements" and inserting in lieu thereof "Except where 
the Commissioner makes arrangements pursuant to the second sentence 
of subsection (a), arrangements". 
SEC. 502. Section 10 of the Act of September 23, 1950 (Public Law 
815, Eighty-first Congress), as amended, relating to arrangements 
72 stat^. 553. 
for facilities for the provision of free public education for children 
residing on Federal property where local educational agencies are 
unable to provide such education, is amended by inserting after the 
first sentence the following new sentence: "Such arrangements may 
also be made to provide, on a temporary basis, minimum school facili-
ties for children of members of the Armed Forces on active duty, if 
the scliools in which free public education is usually provided for 
20 u s e 640. 
90 
PUBLIC LAW 86-449-MAY 6, 1960 
[74 ST A T . 
such children are made unavailable to them as a result of official action 
by State or local governmental authority and it is the judgment of the 
Commissioner, after he has consulted with the appropriate State 
educational agency, that no local educational agency is able to provide 
suitable free public education for such children." 
TITLE VI 
Voting rights. 
Court action. 
Voting referees. 
23 Stat. 22. 
SEC. 601. That section 2004 of the Revised Statutes (42 U.S.C. 
1971), as amended by section 131 of the Civil Rights Act of 1957 (71 
Stat. 637), is amended as follows: 
(a) Add the following as subsection (e) and designate the present 
subsection (e) as subsection " ( f ) " : 
"In any proceeding instituted pursuant to subsection (c) in the 
event the court finds that any person has been deprived on account of 
race or color of any right or privilege secured by subsection (a), the 
court shall upon request of the Attorney General and after each party 
has been given notice and the opportunity to be heard make a finding 
whether such deprivation was or is pursuant to a pattern or practice. 
If the court finds such pattern or practice, any person of such race or 
color resident within the affected area shall, for one year and there-
after until the court subsequently finds that such pattern or practice 
has ceased, be entitled, upon his application therefor, to an order de-
claring him qualified to vote, upon proof that at any election or elec-
tions (1) he is qualified under State law to vote, and (2) he has since 
such finding by the court been (a) deprived of or denied under color 
of law the opportunity to register to vote or otherwise to qualify to 
vote, or (b) found not qualified to vote by any person acting under 
color of law. Such order shall be effective as to any election held 
within the longest period for which such applicant could have been 
registered or otherwise qualified under State law at which the appli-
cant's qualifications would under State law entitle him to vote. 
"Notwithstanding any inconsistent provision of State law or the 
action of any State officer or court, an applicant so declared qualified 
to vote shall be permitted to vote in any such election. The Attorney 
General shall cause to be transmitted certified copies of such order 
to the appropriate election officers. 
The refusal by any such officer 
with notice of such order to permit any person so declared qualified to 
vote to vote at an appropriate election shall constitute contempt of 
court. 
"An application for an order pursuant to this subsection shall be 
heard within ten days, and the execution of any order disposing of 
such application shall not be stayed if the effect of such stay would be 
to delay the effectiveness of the order beyond the date of any election 
at which the applicant would otherwise be enabled to vote. 
"The court may appoint one or more persons who are qualified 
voters in the judicial district, to be known as voting referees, who shall 
subscribe to the oath of office required by Revised Statutes, section 
1767; (5 U.S.C. 16) to serve for such period as the court shall deter-
mine, to receive such applications and to take evidence and report 
to the court findings as to whether or not at any election or elections 
(1) any such applicant is qualified under State law to vote, and (2) 
he has since the finding by the court heretofore specified been (a) 
deprived of or denied under color of law the opportunity to register 
to vote or otherwise to qualify to vote, or (b) found not qualified to 
vote by any person acting under color of law. In a proceeding before 
a voting referee, the applicant shall be heard ex parte at such times 
and places as the court shall direct. 
His statement under oath shall 
be prima facie evidence as to his age, residence, and his prior efforts 
74 S T A T . ] 
PUBLIC LAW 86-449-MAY 6, 1960 
91 
to register or otherwise qualify to vote. Where proof of literacy or an 
understanding of other subjects is required by valid provisions of 
State law, the answer of the applicant, if written, shall be included in 
such report to the court; if oral, it shall be taken down stenograph-
ically and a transcription included in such report to the court. 
"Lpon receipt of such report, the court shall cause the Attorney re^ort^lnd order °^ 
General to transmit a copy thereof to the State attorney general and 
to each party to such proceeding together with an order to show 
cause within ten days, or such shorter time as the court may fix, why 
an order of the court should not be entered in accordance with such 
report. 
Upon the expiration of such period, such order shall be 
entered unless prior to that time there has been filed with the court 
and served upon all parties a statement of exceptions to such report. 
Exceptions as to matters of fact shall be considered only if supported 
by a duly verified copy of a public record or by affidavit of persons 
having personal knowledge of such facts or by statements or matters 
contained in such report; those relating to matters of law shall be 
supported by an appropriate memorandum of law. 
The issues of 
fact and law raised by such exceptions shall be determined by the 
court or, if the due and speedy administration of justice requires, 
they may be referred to the voting referee to determine in accordance 
with procedures prescribed by the court. A hearing as to an issue 
of fact shall be held only in the event that the proof in support of the 
exception disclose the existence of a genuine issue of material fact. 
The applicant's literacy and understanding of other subjects shall be 
determmed solely on the basis of answers included in the report of 
the voting referee. 
"The court, or at its direction the voting referee, shall issue to each 
applicant so declared qualified a certificate identifying the holder 
thereof as a person so qualified. 
"Any voting referee appointed by the court pursuant to this sub-
section shall to the extent not inconsistent herewith have all the 
powers conferred upon a master by rule 53(c) of the Federal Rules 
of Civil Procedure. 
The compensation to be allowed to any persons 
28 use app. 
appointed by the court pursuant to this subsection shall be fixed by 
the court and shall be payable by the United States. 
"Applications pursuant to this subsection shall be determined 
expeditiously. 
In the case of any application filed twenty or more 
days prior to an election which is undetermined by the time of such 
election, the court shall issue an order authorizing the applicant to 
vote provisionally: Provided^ Jwwever^ That such applicant shall be 
qualified to vote under State law. 
In the case of an application filed 
within twenty days prior to an election, the court, in its discretion, 
may make such an order. 
In either case the order shall make appro-
priate provision for the impounding of the applicant's ballot pending 
determination of the application. 
The court may take any other 
action, and may authorize such referee or such other person as it may 
designate to take any other action, appropriate or necessary to carry 
out the provisions of this subsection and to enforce its decrees. 
This 
subsection shall in no way be construed as a limitation upon the exist-
ing powers of the court. 
"When used in the subsection, the word 'vote' includes all action 
Definitions. 
necessary to make a vote effective including, but not limited to, regis-
tration or other action required by State law prerequisite to voting, 
casting a ballot, and having such ballot counted and included in the 
appropriate totals of votes cast with respect to candidates for public 
office and propositions for which votes are received in an election; 
the words 'affected area' shall mean any subdivision of the State in 
which the laws of the State relating to voting are or have been to 
92 
PUBLIC LAW 86-450-MAY 6, 1960 
[74 ST A T , 
State as p a r t y 
defendant. 
any extent administered by a person found in the proceeding to have 
violated subsection (a) ; and the words 'qualified under State law' 
shall mean qualified according to the laws, customs, or usages of the 
State, and shall not, in any event, imply qualifications more stringent 
than those used by the persons found in the proceeding to have vio-
lated subsection (a) in qualifying persons other than those of the 
race or color against which the pattern or practice of discrimination 
was found to exist." 
(b) Add the following sentence at the end of subsection (c) : 
"Whenever, in a proceeding instituted under this subsection any 
official of a State or subdivision thereof is alleged to have committed 
any act or practice constituting a deprivation of any right or privilege 
secured by subsection (a), the act or practice shall also be deemed that 
of the State and the State may be joined as a party defendant and, 
if, prior to the institution of such proceeding, such official has resigned 
or has been relieved of his office and no successor has assumed such 
office, the proceeding may be instituted against the State." 
TITLE VII 
SEPARABILITY 
SEC. 701. If any provision of this Act is held invalid, the remainder 
of this Act shall not be affected thereby. 
Approved May 6, 1960. 
Public Law 86-450 
May 6, 1960 
AN ACT 
[^- t^Si] 
To place in trust status certain lands on the Wind River Indian Reservation in 
Wyoming. 
Wind River 
In-
dian Reservation, 
Wyo. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ That all the right, 
title, and interest of the United States in and to the following-
described tracts of land on the Wind Kiver Indian Reservation in 
Wyoming shall hereafter be held in trust by the United States for the 
benefit of the Shoshone and Arapahoe Tribes of said reservation: 
Section 28, township 1 north, range 1 east, Wind River meridian: ' 
(1) South half, southwest quarter, southwest quarter, north-
west quarter, comprising 5.0 acres more or less. 
Section 32, township 5 north, range 4 west, Wind River meridian: 
(2) Beginning at a point 553.8 feet south of the corner of sec-
tions 29, 30, 31, and 32; said point being comer numbered 1; 
thence south 106.2 feet to corner numbered 2 which is identical 
with the southwest corner of northwest quarter northwest quarter 
northwest quarter, section 32; thence east 200 feet to corner num-
bered 3, thence north 106.2 feet to corner numbered 4; thence 
west 200 feet to corner numbered 1 and place of beginning, com-
prising 0.487 acres. 
(3) Beginning at a point 118.2 feet south of the comer of sec-
tions 29, 30, 31, and 32; said point being corner numbered 1; 
thence south 435.6 feet to corner numbered 2; thence east 200 
feet to corner numbered 3, thence north 435.6 feet to corner num-
bered 4; thence west 200 feet to point of beginning, or described 
as a 2-acre tract in the northwest quarter northwest quarter, 
section 32. 
(4) West half southwest quarter northwest quarter northwest 
quarter, section 32, comprising 5.0 acres. 
Approved May 6, 1960.