Whoever shall forcibly resist, oppose, impede, intimidate or interfere with a duly authorized representative of the Equal Employment Opportunity Commission while it is engaged in the performance of duties under this chapter shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both: Provided, however, That no person shall be imprisoned under this section except when there has been a prior conviction hereunder. ( Pub. L. 90–202, § 10 , Dec. 15, 1967 , 81 Stat. 605 ; 1978 Reorg. Plan No. 1, § 2, eff. Jan. 1, 1979 , 43 F.R. 19807 , 92 Stat. 3781 .) Executive Documents Transfer of Functions “ Equal Employment Opportunity Commission ” and “it” substituted in text for “Secretary”, meaning Secretary of Labor, and “he”, respectively, pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807 , 92 Stat. 3781 , set out in the Appendix to Title 5 , Government Organization and Employees, which transferred all functions vested by this section in Secretary of Labor to Equal Employment Opportunity Commission , effective Jan. 1, 1979 , as provided by section 1–101 of Ex. Ord. No. 12106 , Dec. 28, 1978 , 44 F.R. 1053 . CFR Title Parts 29 1625