[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 142 Introduced in Senate (IS)]







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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    (a) Protected Activities.--Section 807 of the Fair Housing Act (42 
U.S.C. 3607) is amended by adding at the end the following:
    ``(c) Activities Protected by First Amendment; Actions by 
Government Officials; Enforcement.--
            ``(1) Activities protected by first amendment.--The 
        following conduct does not constitute a violation of this 
        title:
                    ``(A) Any speech, activity, belief, affiliation, or 
                membership protected by the first amendment to the 
                Constitution of the United States, including any--
                            ``(i) written or oral communication with a 
                        government official or member of an entity 
                        exercising government functions;
                            ``(ii) nonviolent expression of opinion in 
                        any form, including print, speech, or 
                        electronic methods of communication; and
                            ``(iii) participation, affiliation, or 
                        membership in an organization engaged in lawful 
                        activity.
                    ``(B) The filing of an action in any Federal or 
                State court for damages or to enforce or seek 
                enforcement of any Federal, State, or local law, 
                including regulations or ordinances, if the action 
                satisfies the standards set forth in rule 11(b) of the 
                Federal Rules of Civil Procedure.
            ``(2) Activities of government officials.--In an action or 
        proceeding against a government official, or a member of an 
        entity exercising a government function, in the official 
        capacity of that official or member, for a violation of this 
        title, no evidence of the following shall be admitted as 
        evidence or otherwise considered by the trier of fact:
                    ``(A) That the official or member received a 
                communication, expression of opinion, or other 
                information pertaining to the membership of another 
                person in an organization described in paragraph 
                (1)(A), or was otherwise exposed to activity or conduct 
                described in paragraph (1)(A).
                    ``(B) That the official or member was the defendant 
                or subject of an action otherwise described in 
                paragraph (1)(B), even if the action did not satisfy 
                the standards set forth in rule 11(b) of the Federal 
                Rules of Civil Procedure.
            ``(3) Enforcement.--Any regulation or guideline for the 
        determination of housing discrimination under this title that 
        is considered, proposed, or adopted after the date of enactment 
        of this subsection shall make explicitly clear that any speech, 
        activity, belief, affiliation, or membership protected by the 
        first amendment to the Constitution of the United States is not 
        to be restricted and does not constitute evidence of housing 
        discrimination under this title.''.
    (b) Administrative Enforcement.--Section 810(a)(1) of the Fair 
Housing Act (42 U.S.C. 3610(a)(1)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iv) The Secretary shall not file or 
                        accept for filing any complaint, unless--
                                    ``(I) the complaint describes the 
                                alleged discriminatory housing practice 
                                in sufficient detail to enable the 
                                Secretary to determine whether the 
                                conduct at issue is described in 
                                section 807(c); and
                                    ``(II) the Secretary has determined 
                                that the discriminatory housing 
                                practice alleged in the complaint is 
                                not described in section 807(c).''; and
            (2) in subparagraph (B)(ii)--
                    (A) by inserting ``, describing in detail the 
                alleged unlawful conduct,'' after ``identifying the 
                alleged discriminatory housing practice''; and
                    (B) by inserting ``including the protections and 
                exemptions set forth in section 807(c),'' after 
                ``procedural rights and obligations of respondents 
                under this title,''.
    (c) Sanctions for Impermissible Complaints.--Section 810 of the 
Fair Housing Act (42 U.S.C. 3610) is amended by adding at the end the 
following:
    ``(i) Sanctions for Impermissible Complaints.--If a court 
determines that a complaint filed, or accepted for filing, by the 
Secretary under this section does not meet the requirements of 
subsection (a)(1)(A)(iv), the court--
            ``(1) shall promptly dismiss the complaint; and
            ``(2) shall impose appropriate sanctions on the Secretary, 
        including the assessment of all costs (including attorney's 
        fees) incurred by the respondent as a result of the filing of 
        the complaint.''.
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