H.R. 2516 (90th): An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes

90th Congress, 1967–1968. Text as of Apr 11, 1968 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

82 STAT. ]               PUBLIC LAW 90-284-APR. 11, 1968                                                                               73

                  exemption granted under this section shall remain in effect after three
                  years after the date such exemption is originally granted."'
                    Approved April 10, 1968.


              Public Law 90-284                                                      '' ' '
                                                     AN A C T                                                                       April 11,1968
                  To prescribe i)eixalties for certain acts of violence or intimidation, and for other —L_:—;—:—L.
                                                        purposes.
             OFjvrrl •/lift 'ic>
                   Be it e/nacted hy the Senate and House of RepreHentathes                                                of the
                  United States of America In Congress assembled^                                                                   '^^'^" rights.

                           TITLE I—INTERFERENCE WITH FEDERALLY
                                 u PROTECTED ACTIVITIES
              h SEC. 101. (a) That chapter 13, civil rights, title 18, United States
              Code, is amended by inserting immediately at the end thereof the fol-                                                 62 Stat. 696.
                                                                                                                                    18 u s e 241-244.
              lowing new section, to read as follows:
              "§ 245. Federally protected activities                 /^ uiiii
                 " ( a ) (1) Nothing in this section shall be construed a§-ihdicating an
              intent on the part of Congress to prevent any State, any possession or
              Commonwealth of the United States, or the District of Columbia, from
              exercising jurisdiction over any offense over which it would have juris-
              diction in the absence of this section, nor shall anything in this section
              be construed as depriving State and local law enforcement authorities
              ^of responsibility for prosecuting acts that may be violations of this
              section and that are violations of State and local law. No prosecution
              of any offense described in this section shall be undertaken by the
               United States except upon the certification in writing of the Attorney
               General or the Deputy Attorney General that in his judgment a
              prosecution by the United States is in the public interest and necessary
           ^<,Jo secure substantial justice, which func^ioi^of certification may hot be
      n^\< . ' ^ d e l e g a t e d .                          • ^ j i l ' ; - ; a u u / . , / ; • . • ! .>>J..l, ^ ; u / ^ i O
  .Q^j'^      '    "(2) Nothing in this subsection s M W m H I r u y ^ ^ T M l t the
^      ,       ainthority of Federal officers, or a Federal grand jury, to investigate
 S ^-^^        possible Violations oi this section, t
                   " ( b ) Whoever, whether or hot acting under color of law, b^ farce or
              ^.threat of force willfully injures, intimidates 91*,,intejrfej^s'with, or
             ^iij:jterapts to injure, intimidate or interfere with--','' [ <
             i{-<>fio' "^^) any person because he is or has been, or in otder to intimi-
                 '^ d^tesuch person or any other person or any class of persons from—
               'i()( f<ro i " (^^) ^'<>t"^g or qualifying to vote, qualifying or bampaign-
                            ' ing a^ a candidate for elective office, or qualifying or acting as 1
              •hm\'          i'^ P^Jl watcher, or any legally authorized election official, i n i
             •;o -T)!/; f a^i^ primary, special, or general eleqti,oii^., ^^.^ ^^^^^_ , ,r         -^
              fioftlin: •= ?i^P) participating in or e i i i ( n r i p ^ ; 9 p , ; M M ^
              lo vth            Pri^ilf^vP^^^am,iaciU||^,,oi^^f^\^,p^fi^
              {L^{i)         Jt^ped by the united States; ?, _:•, ^             ,i , > V^
             'fo ^('i) (S) 1i(^) applying for or enjoying employment, or any per-
             .„ J j{t:,^(^wp^ quj^ite thereof, by any agency of the United States;         ,
                                 " ( P ) serving, or attending upon any court in connection
             9no niufi ^^'^^^ possible service, as a grand or petit juror in any court, jgf                   .yjiansq
             fffji[jg'j[Of;jth^ United States;                                               , ^,^'
             i(ix5oh Vi bisj",^-^) participating in or enjoying the benefits of any pp^-
             /Ail-ir't "k^^^ G*r activity receiving Federal financial assistance; Qr „ ,j
             •ro fh.. "(2) any pei-son because of his race, coJ/;ij^;^'.!^'^ip|i',j^r^^^^             an-j;',• niast
             To vir.?PW-fVh4,^9^}f^ J ^ M ^ ^ t e Vfim—i<.n i{«ri^ 'Y[dm9.8K liiloo/syq '
                                                                                                                                           * ' . Ylcfmsa

74 PUBLIC LAW 90-284-APR. 11, 1968 [82 STAT. " ( A ) enrolling in or attending any public school or public r>j' \ college; ' " ( B ) participating in or enjoying any benefit, service, priv- ilege, program, facility or activity provided or administered f ^ by any State or subdivision thereof; " ( C ) applying for or enjoying employment, or any per- quisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency; " ( D ) serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror; " ( E ) traveling in or using any facility of interstate com- 1 / merce, or using any vehicle, terminal, or facility of any com- l mon carrier by motor, rail, water, or air; / " ( F ) enjoying the goods, services, facilities, privileges, / advantages, or accommodations of any inn, hotel, motel, or / other establishment which provides lodging to transient / guests, or of any restaurant, cafeteria, lunchroom, lunch ( counter, soda fountain, or other facility which serves the pub- lic and which is principally engaged in selling food or Ibev- erages for consumption on the premises, or of any gasoline ^.|. I station, or of any motion picture house, theater, concert hall, ^^ sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other estab- lishment which serves the public and (i) which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and (li) which holds itself out as serving patrons of such establishments; or "(3) during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, includ- ing, but not limited to, any person engaged m a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells , or offers for sale have moved in commerce; or " (4) any person because he is or has been, or in order to intimi- date such person or any other person or any class of persons from— " ( A ) participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs ( 1 ) ( A ) through (1) (E) or subparagraphs (2) (A) through (2) ( F ) ; or " ( B ) affording another person or class of persons oppor- tunity or protection to so participate; or "(5) any citizen because he is or has been, or in order to intimi- date such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs ( 1 ) ( A ) through (1) ( E ) or subparagraphs (2) (A) through ( 2 ) ( F ) , o r participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate— Penalty. | sliall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. lawftuiy In^spTfch"-'^^ ^^^^ ^'^ ^^^^ scctiou, the tcrm 'participating lawfully in speech or or peaceful as- peaccful assembly' shall not mean the aiding, abetting, or inciting of sembly."
82 STAT. ] PUBLIC LAW 90-284-APR. 11, 1968 75 other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsec- tion shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establish- ment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence. "(c) Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in viola- tion of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States^ or any political sub- division of a State. For purposes of the precedmg sentence, the term mem oTfic"?" * 'law enforcement officer' means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State." (b) Nothing contained in this section shall apply to or affect activi- ties under title V l I I of this Act. Post, p. 81. (c) The provisions of this section shall not apply to acts or omissions on the part of law enforcement officers, members of the National Guai-d, as defined in section 101 (9) of title 10,1"^nited States Code, members of 70A Stat. 4. the organized militia of any State or the District of Columbia, not covered by such section 101 (9), or members of the Armed Forces of the United StateSj who are engaged in suppressing a riot or civil disturb- ance or restonng law and order during a riot or civil disturbance. SEC. 102. The analysis of chapter i;^ of titlelS of the United States Code is amended by adding at the end thereof the following: '•245. Federally protected activities." SEC.^ 103. (a) Section 241 of title 18, United St»ites Code, is amended conrpiVc by striking out the final paragraph thereof and substituting the •gai'nit rijhu of following: "^i^o"^'' "They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any v rm of years or for life."' 7 (b) Section 242 of title 18, tjnited States Code, is amended by strik- Deprivation of ing out the period at the end thereof and adding the following: "; and '^ *' if death results shall be subject to imprisonment for any term of years j ^ or for life." (c) Subsections (a) and (c) of section 12 of the Voting Rights Act of 1965 (79 Stat. 448, 444) are amended by striking out the words "or *2 use 1973J. (b)" following the words "11 (a)". SEC. 104. (a) Title 18 of the United States Code is amended by fj 8t«. 795. inserting, immediately after chapter 101 thereof, the following new 2076 (shapter: ''Chapter 102.—RIOTS "See. "2101. EhrtA "2102. Dettaititms. "§2101. Riots "(a) (1) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with Intent—
m PUBLIC LAW 90-284-APR. 11, 1968 [82 STAT. noqii 'f^i(A) to incite a riot; or oofiiT " ( B ) to organize, promote, encourage, participate in, or carry -;>9f;.Qn a riot; or 'a3b'no%{C) to commit any act of violence in furtherance of a riot; or 'fQ 'ji, 'f.(D) to aid or abet any person in inciting or participating in ^fjg.) or carrying on a riot or conmiitting any act of violence in furtlier- '. ance of a riot; and who either during the course of any such travel or use or thereafter performs or attempts to j^jerform any other overt act for any purpose specified in subparagraph ( A ) , ( B ) , ( C ) , or (D) of this paragraph— Penalty. "Shall be fined not more than $10,000, or imprisoned not more than five years, or both. " ( b ) In any prosecution under tliis section, proof that a defendant engaged or attempted to engage in one or more of the overt acts de- scribed in subparagraph ( A ) , ( B ) , ( C ) , o r (D) of paragraph (1) of subsection (a) and (1) has traveled in interstate or foreign commerce, or (2) has use of or used any facility of interstate or foreign commerce, including but not limited to, mail, telegraph, telephone, radio, or television, to communicate with or broadcast to any person or group of persons prior to such overt acts, such travel or use shall be admissible proof to establish that such defendant traveled in or used such facility of interstate or foreign commerce. "(c) A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts. Prosecution " ( d ) Whenever, in the opinion of the Attorney General or of the proceedings. appropriate officer of the Department of Justice charged by law or under the instructions of the Attorney General with authority to act, any person shall have violated this chapter, the Department shall proceed as speedily as possible with a prosecution of such person here- under and with any appeal which may lie from any decision adverse to the Government resulting from such prosecution; or in the alternative Report to Congress. shall report in writing, to the respective Houses of the Congress, the Department's reason for not so j^roceeding. "(e) Nothing contained in this section shall be construed to make .BsiJifin'j'; YoaiiqanoO it unlawful for any person to travel in, or use any facility of, interstate or foreign commerce for the purpose of pursuing the legitimate ob- jectives of organized labor, through orderly and lawful means. "(f) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the ITnited States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section; nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. "§2102. Definitions "(a) As used in this chapter, the term 'riot' means a public disturb- ance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
"(b) As,\is^j^>,|l>i^ Qla.a|)|erHthejtermj'tj(t)mcitei»JiJtxlV^F '^^)3rganize, .,prf)iTwt^,,eneQwagej pjartil€ipsate.i% op cw^yvWk a/ri^t!''^&n(?lU^es, but is not limited to^urgingprinstigatingcii^^^ri^*?^^^ not be deemed to mean the mere oral or written .^lijbaadyoci^y/idi ideas or (2) expression of belief ,not^ii]Lvolviiig advocacy of any act or acts of violence or assertion of the rigMne'^ of,'or the right to commit, any y+r\Q>).\ Xhprta^Vl^iof contents tof'i?^R3^ J^TTrMs^Mj^'i^^i^l©^g,oVi>J.^^ 62 Stat, 684. Stafes Code, is amended by.^flS^r^ji^g(a^|^^)>€|:^^l9^iijgjP^lpt^^Hll%- ence: <'101 •:feefe'araslifatt i-eiMiZil^LZailJaiXOIJ-JLiaOl^^JLLl-LidT 112071" a new chapter referen(5e Ag'fbll^^:^ ^- ^-1 (T Z I shoo lybonr R ,8SM>J^I .^lii-L •>•l(^V^*Tif4^4f*'A^^''•T^^'A'•^irW'^ hawimo'yyi ' no «0hrf9"fi(> ni5ihffMf^fiAf)~ffW-F?TAf^uVif)it4iW eil) ivwio-p, ot W'vn iWuVu ?.mVi?Aio-u[ '^^^^^^'^i%-^i^j^j<^^^^ iVni^'. .^iroilftviy^^ei irurbiiT 'io tiffoo I! T(f 9>^fio'fi() (i(j -JO'I^ f)4rrr<iff!9<rijifr[)!7ib([i viris Jftilt 'rijfHHB (I) «')i^Sfl<»J2Cri'j>Ftoptfji«««^laftt^ilStitle^'thete f'tuf;^ r:9?rf')Tto ri/:ib(il v; f r f:( 1 >).' /f IM4«ffi t*iy'^ Wie^ns ^riy itrib^^ bayd^-^^k^dlli^t^'^^biip'^ Iftditttts T^Ubjett tiJithfe §«ribdikionbi'thiBX3ttit^^tttfek«tt'i^(^iifed^tt§^|^^^^ fSes$i%ip^H-^ei^!^ffeelf-govfelrtiing>ii!;^iiiil Tit/KH/; {^) .o^miXo •adxmv^ \o '{^''^^^rm,tb'iji^^\i^^^ IttdMsd^'all' gtiV-^tl- f|d6fital !pk];\vel*f ipbi^essted'by M'lrtdiah:Wib^jfexdcrttlve;Ifegislativel, ai'^d - ^!u<iicial, and' all bffices, bodies, and tribunals by a'ikd';tht«ou^H i ^hteli ijthey are executed, ihcliidlhg cotiks of Indian offenkes;*^h(l' ' • •*>' *^"''^ ^L^n (3) "Indian court'- meatt^J^rt5^>Iildian triH^l>^irtl6i*ki6tfi*6f"5^^ ^0ffense;^4 '' M^ -MY :;?;•. srl .Hs^n ;:. -iixrl Ito RtiirDo to H')^J>ui lo .^etjiir; hotifi'J offt *h> HHf')ff^i-i>j': j>9iy')'5'n;s! [>ff«; :-'¥\vii fifiifxfl ,>([/:!}) i[fiiSBbifi2QBatKio(p!n^fa 'fcii'ibe in;.«xerickingrp©-weFS of st^lf-^otternwient shall M\\1 -fAil] ' l o Ha(»!-;i7<>Tq <,}i\] l!f(; 7'CIi;') n i Y'! flH^')')')! I 4'f 7l;S!i 8/; (1) make or enforce any law prohibiting the free exercise of J 1 7 Ir^h^dri, o i ^Bf-id^ing IhM &ef0doj6<df ipfefech;: 5H 6f(th€l)i-e8fe,lc* t i e right of the people peaje<^|)l}r|to/assemble and to petition for a redress of grievances; (2) violate the rightsttih&'peopdejfeoi)e secure in their persons, houses, papers, and effects against unreasonable search and seiz- or ri9ti*es(*itw4sstie #tffrdii<Jg^:Wat'4*p^^^ '^dba*bl^!fclu^e> )su|)^orte^^ by v/i l)^<bttth^ ^^1" fMrnMifMi ^ aiid'' parti(iuiyrljp - diBscfibiiigs kh^^^u^^ w 'be eih -o^ul ^^;) subfect^any ^persc^^ for thiersame offeAM WM-m'ii^ ^W'^\ vd b')Jeo|Jar(ijrj>!i!'0'j d'Aivn ioyi^xi) tiiiM ^'^ , n-;;n. ;;;;!!•;;[ -H'iir-ahjKf io ffx; ;(4), con¥pel> any Jl)(^i?s<3Mfin'aiiy' criMinih^easfe^t^ 'io'rf'agtgainst himself ;••'•'<>'> iiin'l>ff 1 ilofrH iiiii}i7/ hotjiuiniooftywu'/jloxl-)rj8 o:>i!j8 li (5) take any privatefjp»^p^3^< loP^a/'^iiifelib^f«Siil'>i^i^OU*ifjti8t 9f[:t rrC^hipCTISS^-ORi't r- rii.iuno") SHng'fh) lijjfa jiin 1970 iioibibHiMiri r;iii( biift9'>i((i6')adeny toaniyiipeteBOii'iit aeriMHai^^i-oceediiigsdR^^i^^h^^tfcr'-a -QRID speedy alriA public'trials t(p be informed o l t h 4 niature anid^catisd^of the accusation, to be confronted with the \\'ithesses against him^to iiuofhav© cdmp'iflsoryi procesfe^f©r '(bbfaining witnesses in hibffa^vdrj and *i4tj;7/aibhib©!vvn expense to have the,assistance of douoftselilor'his defense; -Hfo) •i<(^)i!(require excessive bail,; impoee' excessive iines^'inflict druel Penalty, umua- f! o t ftn^ hanusual punishments, 4ndi in ,nb eveiit impdsel hir tioi4victioniof '^°" [fijiln any one offense aiiy penalty OP'punishMenti^eatapthawdnlp^i^^ itoKiineikt'f oiT:a!tearm of ^ x moriths or a fine of $500^ oriboth ? ^ "x i s < >i [i n s; ^ 4 1 Yn.(S)' deny t© any persion withiia its jutisdidbioii thee^ual prcrtec- v/rrs (tiojL^if its laws or deprive feny' persoaoJ libenty ©a? property stith- yiiiinfrutidtte pr!(3Gess©'f Jaiw?: /!• • i-> vtinnnuiio') io ,hi\v,(\ ,^ju'i'ij a/nlxfil
78 PUBLIC LAW 90-284-APR. 11, 1968 [82 STAT. (9) pass any bill of attainder or ex post facto law; or (10) deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons. HABEAS CORPUS SEC. 203. The privilege of the writ of habeas corpus shall be avail- able to any i^erson, in a court of the United States, to test the legality of his detention by order of an Indian tribe. T I T L E I I I — M O D E L CODE G O V E R N I N G C O U R T S O F INDIAN OFFENSES Recommenda- t i o n s to C o n g r e s s . SEC. 301. The Secretary of the Interior is autliorized and directed to recommend to the Congress, on or before July 1, 1968, a model code to govern the administration of justice by courts of Indian offenses on Indian reservations. Such code shall include provisions which will (1) assure that any individual being tried for an offense by a court of Indian offenses shall have the same rights, privileges, and immunities under the United States Constitution as would be guaranteed any citizen of the LTnited States being tried in a Federal court for any similar offense, (2) assure that any individual being tried for an offense by a court of Indian offenses will be advised and made aware of his rights under the United States Constitution, and under any tribal constitution applicable to such individual, (3) establish proper quali- fications for the office of judge of the court of Indian offenses, and (4) provide for the establishing of educational classes for the training of judges of courts of Indian offenses. I n carrying out the provisions of this title, the Secretary of the Interior shall consult with the In- dians, Indian tribes, and interested agencies of the United States. SEC. 302. There is hereby authorized to be appropriated such sum as may be necessary to carry out the provisions of this title. T I T L E IV—JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS ASSUMPTIOX BY STATE SEC. 401. (a) The consent of the United States is hereby given to any State not having jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country situated within such State to assume, with the consent of the Indian tribe occupying the particular Indian country or part thereof which could be affected by such assumption, such measure of jurisdiction over any or all of such offenses committed within such Indian country or any part thereof as may be determined by such State to the same extent that such State has jurisdiction over any such offense committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country or part thereof as they have else- where within that State. (b) Nothing in this section shall authorize the alienation, encum- brance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or com- munity that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner incon- sistent with any Federal treaty, agreement, or statute or with any reg- ulation made pursuant thereto; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity
82 STAT. ] PUBLIC LAW 90-284-APR. 11, 1968 79 afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof. ASSUMPTION KY STATE OF CIVIL JURISDICTION SEC. 402. (a) Tlie consent of the L^nited States is hereby given to any State not having jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country situated within such State to assume, with the consent of the tribe occupying the particular Indian country or part thereof Avhich would be affected by such assumption, such measure of juris- diction over any or all such civil causes of action arising within such Indian country or any part thereof as may be determined by such State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that State. (b) Nothing in this section shall authorize the alienation, encum- brance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or com- munity that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner incon- sistent with any Federal treaty, agreement, or statute, or with any regulation made pursuant thereto; or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein. (c) Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of an;^ authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section. RETROCESSION OF JURISDICTION BY STATE SEC. 403. (a) The United States is authorized to accept a retroces- sion by any State of all or any measure of the criminal or civil jurisdic- tion, or both, acquired by such State pursuant to the provisions of section 1162 of title 18 of the United States Code, section 1360 of title 28 of the United States Code, or section 7 of the Act of August 15, 1953 (67 Stat. 588), as it was in effect prior to its repeal by subsection (b) of ^s use i36o this section. (b) Section 7 of the Act of August 15,1953 (67 Stat. 588), is hereby R«P««I- repealed, but such repeal shall not affect any cession of jurisdiction made pursuant to such section prior to its repeal. CONSENT TO A M E N D STATE LXVWS SEC. 404. Notwithstanding the provisions of any enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil or criminal jurisdiction in accordance with the provisions of this title. The provisions of this title shall not become effective with respect to such assumption of jurisdic- tion by any such State until the people thereof have appropriately amended their State constitution or statutes, as the case may be.
^ PUBLIC LAW 90-284-APR. i l l j 19681 fe2i Sf^ti? ol^^sqs'yi dlhr ^^U,U.^ ACTIONS XOT TO ABATE rj.,,,!..'.i . , i ,,• : "^Bklj'^^. l:^y^o'ah{bnW^i'6c^^\n^'iieM^^ court or agency of the United States immediately prior to any session of juris- diction by the United States pni*suant to this title shall abate by reason of that cessioii, For the purpose^ of any such action or proceeding, such cession shall take effect on the day following the date of tinal deter- minatiQn of such action or proceeding. (b) No cession made by the United States under this title shall deprive any court of the United States of jurisdiction to hear, deter- miiie^ render judgment, or inipese sentence in any criminal action instituted against auy person for= any offense committed before the effective date of siiiQh>cession, if the oft'ense charged in such action wasr cognizable under aaiy: laiw of' the United States at the time of the com-^ > mission of such offehse. For the; purposes of any such criminal action,; such; cession shall take effect on the <iayfollo^^:iiag4&g;-4^te ol §^^h determination of such;ac5tion^:.i ; .in ,fi'>ri>js k) H^iHim'j Ihh yv/iil IUHIK /h'lqoiq ajji/iiff 'ju ;^/io>.f-j(| '>]/;/rtq o) iioilir)ifq<[K UriBus^ SP:C. 40^. State jurisdictioiifacquiredrpujrspaJititQrtliis^^ i^^^^ with respect to criminal off'enses or civil causes of action, or with respect to: both, shall be applicable in 5 Indian country only where the enrolled Indians wdthin the affected area, of such Indian country accept such jurisdiction by a majority vote of the adult Indians voting at a special election held for that purpose. The Secretary of the Interior shall call such special election under such rules and regulati<ms as he may pre- scribe, when requested to do so by the tribal council or Other governing body, or by 20iper centum of such enrolled adults. T I T L E V — O F F E f e E S W I T t t l N I N D I A N COUNTE^^^^^^ y tf-mr{ijf.R lan 'to 9Hroi'iz9 0f(t4f^9^rffMfFr.-> -lo .hnufl j^il'nt lunh: 80 Stat. 1100. : SEC. 501. Section 1153 o f title 18 of the United States Code is amended by inserting immediately after "weapon,", the following: "assault resulting in serious bodily ill jury,". •'.smiirj Irn'.) T I T L E VI^EMPLOYlvrKNT O F LEGAL COUNSEL -OlbsfTrfi; j i 7 ( ' ) - i c i ! ? ' ' ' : • - vsr- ^: v , ; v r - , - r ^ K;'*•:. v . • ' - iUiic^ ^^M§9'M)I9Nbt'#ithstanding ahy^ther provision of law, if any appli^i catifin made by ah Indian, Indian tribe, Indian council, or any band or group of Indians under any law requiring the approval of the Sec- OdJ-i :>8a 8f; ^rfetary of the Interior or the Commissioner of Indian Affairs of con- tracts or agreements relating to the employment of legal counsel (in- leaqrM cludiug tlic cliolce of couhscl and the fixing of fees) by any such Indians, tribe, council, band, or group is neither granted nor denied within ninety days following the making of such application, such approval shall be deemed to have been granted. .T^ITLE V I I — M A T E R I A L S R E L A T I N G T O C O N S T I T U - wLi^a'.^^ani>n^I0NAL:RIXjHT3,:DF,IN J ' ' . ' ' ' ' ^ ' <• ^ ^ '" r , stetH limit .rni^^cKEJAft^' €^'iif*feftl(M''l^ '^^^is^'Toerr mii oi ifovi^ ifi'g'J! Tiifi T/oino'j <>i ,'>u 7 ; , r a ' ) - / • : • . . - ,; - : - iNMinlrfeaoo "^fiei^Tfe^'^iftt) 'Itlf'witers^hkt th^ constitutional rights of* liidjans might be fully protected, the Secretary of the Interior is authorized and'directed tfi^—t '
82 STAT. ] PUBLIG LAW 90-284-APR. 11, 1968 81 (1) have the document entitled "Indian Affair's, Laws and Treaties" (Senate Document Numbered 319, volumes 1 and 2, Fifty-eighth Congress), revised and extended to include all treaties, laws. Executive orders, and regulations relating to Indian affairs in force on September 1, 1967, and to have such revised document printed at the Government Printing Office; (2) have revised and republished the treatise entitled "Federal Indian Law"; and (3) have prepared, to the extent determined by the Secretary of the Interior to be feasible, an accurate compilation of the official opinions, published and unpublished, of the Solicitor of the ^Department of the Interior relating to Indian affairs rendered by \^'^ r'ithe Solicitor prior to September 1,1967, and to have such compila- "/J**jtion printed as a Government publication at the Government '"' ""Printing Office. (b) With respect to the document entitled "Indian Affairs, Laws and Treaties" as revised and extended in accordance wnth paragraph (1) of subsection ( a ) , and the compilation prepared in accordance with paragraph (3) of such subsection, the Secretary of the Interior shall take such action as may be necessary to keep such document and com- pilation current on an annual basis. • '".r'l.,. ,", (c) There is authorized to be appropriated'fij'r'^iifrJT^ng'out the provisions of this title, with respect to the preparatidj^ 15tit; not includ- ing printing, such sum as may be necessary. "'','', / . , , . - . __^. ^ T I T L E . y i n — F A I R HQlMfc^i^^ ''^*^'"^'^'^''^ 9VO0 g^JtrifovTh .(d) nofl09sdjj8 yd hsiqm'y/j} liii oi ,8d(rL J^isomsot nn jfjaaeeyr«'^niifewb •J9ff1o l\n oi hnn (I) f yUwi llsitk ((')) lUiih-iBihrd lunli 'mdio) iOB aolhm nl •^iiidpyi (d) . . caqm-.xa OEC. 801. I t is the policy of the United States to provide, within j constitutional limitations, for fair housing throughout: the United fSlat^oiii tiwo ion rtyob •I'.Hiifo L- rjl'l' ,\>bbVv js,^\'\\s\ \>^V.\'vwt*\ ! emit ono 7i?)EFJtN;iTi0NS ^j^fr^ Aoiif-j ,, SEC. 802. As,used,iJ^^t|n^j;iM^, 1,,^ 9, (a) "SecretAf^yj^(^%,||^l| Secretary of Housing ai^^^^b?^,Devel- opment. ^ :.•,.;,!!',,[(..,*,;.,..,.,. ....',.",,v..,./ -.y ,^ (b) "Dwelling" means any building, structure, or portion thereof jYhich is occupied as, or designed or intended for occupancy as, a .residence by one or more families, and any vacant land \Vhich is offered for sale or lease for the construction pr location;thereon, of any such building, structure, or portion thereof*; . ,, , v ?,,.;,, ,,,,. ,, ,., (c) ''Family" includes a single individukr' ' ' "r (d) "Person" includes one or more individuals, corporations, part- nerships, associations, labor organizations, legal representatives, iriutual companies, joint-stock companies, trusts, unincorporated orga- Slizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. (e) "To rent" includes to lease, to sublease, to let and otherwise to ^ r a n t for a consideration the right to occupy premises not owned by the occupant. ' : _ - n 'V (f) "Discriminatory housing practice" mean^'dlljf^t^lmiJ^'tfliiawful tiiider section 804, 805, or 806. — ->Km(, ilon ~ • • - - " t^teolum- and 'lo f9lti) sdi Tfoiftiuj'il mo ioo'tiaq oj '(^imas'yoa en mnsilp.iasn
82 PUBLIC LAW 90-284-APR. 11, 1968 [82 STAT. r EFFECTIVE DATES OF CERTAIN PROHIBITIONS SEC. 803. (a) Subject to the provisions of subsection (b) and section 807, the pi-ohibitions against discrimination in the sale or rental of housing set forth in section 804 shall apply: (1) Upon enactment of this title, to— (A) dwellings owned or operated by the Federal Government; (B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to the date of enactment of this title; (C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Gov- ernment, under agreements entered into after November 20,1962, unless payment thereon has been made in full prior to the date of f Die or FSLic euactmeut of this title: Provided, That nothing contained in sub- paragraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an F D I C or F S L I C institution; and (D) dwellings provided by the development or the redevelop- ment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962. (2) After December 31,1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection ( b ) . Exemptions. j^j^^ Nothiug in sectiou 804 (other than subsection (c)) shall apply to— (1) any single-family house sold or rented by an owner: Pro- vided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private indi- vidual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further. That after December 31,1969, the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or sales- man, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
82 STAT. ] PUBLIC LAW 90-284-APR. 11, 1968 83 (2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (c) For the pui'poses of subsection (b), a person shall be deemed to be in the business of selling or renting dwellings if— (1) he has, within the preceding twelve months, participated as principal in three or moi-e transactions involving the sale or rental of any dwelling or any interest therein, or (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in pro- Anding sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by,fiveor more families. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING SEC. 804. As made applicable by section 803 and except as exempted by sections 803 (b) and 807, it shall be unlawful— (a) To refuse to sell or rent after the making of s^. bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of ra'^e, color, religion, or national origin. (b) To discriminate against any person in the terms, conditionSj or privileges of sale or rental of a dwelling, or in the proN ision of services or facinties in connection therewith, because of race, oior, religion, or national origin. (c) To make, print, or publish, or cause to be made, printed, or pub- lished any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, or national origin^ or an intention to make vny such preference, limitation, or discrimination. (d) To rei)resent K* any person because of race, color, religion, or national origin that any dwelling is not available lor inspection, sale, or rental when such dwelling is in fact ^ o available. (e) For profit, to induce or attempt io induce any person to sell or rent any dwelling by representations regarding the entry or prospec- tive entry into the neighborhood of a jjerson or persons oi a particular race, color, religion, or national origin. DISCRIMINATION IN THE FINANCING OF HOrSlNG SEC. 805. After December 31, 1908, it shall be unlawful for any bank, building and loan association, insurance company or other cor- poration, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or otner financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate^ duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, re- ligion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenant«!, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given: Provided^ That nothing contained in this sec-
84 PUBLIC LAW 90-284-APR. 11, 1968 [82 STAT. I tion shall iiiipair the scope or effectiveness of the exception contained I in section 803(b). -.[iijtjo od oi ]>'jl)i: DlfSCKIMIXATlOX IX TilK rROVlsi^^yOW^^'fikOKEKAGE SERVICES SEC. 806. After December 81, 1968, it sliall be milawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers* organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, meml)ersliip, or participation, on account of race, color, religion, or national origin. ' J ' EXEMITION SEC. 807. Nothing in this title shall prohibit a religious organiza- tion, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is re- stricted on account of race, color, or national origin. Nor shall any- thing in this title prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. "I ADMINISTRATION Authority and SEC. 808. (a) The authority and responsibility for administering responsibility. this Act shall be in the Secretary of Housing and L'rban Development. Assistant (b) The Department of Housing and Urban Development shall be Secretary. provided an additional Assistant Secretary. The Department of Hous- ing and Urban Development Act (Public Law 89-174, 79 Stat. 667) is hereby amended by— (1) striking the word "four," in section 4(a) of said Act (79 Post, p. 606. Stat. 668; 5 U.S.C. 624b (a)) and substituting therefor "five,"; and 42 u s e 3533. (2) striking the word "six," in section 7 of said Act (79 Stat. 42 u s e 3535. 669; 5 U.S.C. 624(c)) and substituting therefor "seven." Delegation of (c) The Secretary may delegate any of his functions, duties, and authority. powers to employees of the Department of Housing and Turban Devel- opment or to boards of such employees, including functions, duties, and powers w^ith respect to investigating, conciliating, hearing, determin- ing, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this title. The persons to whom such delega- tions are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5362, and 80 Stat. 415, 7521 of title 5 of the United States Code. Insofar as possible, concilia- 528. tion meetings shall be held in the cities or other localities where the dis- criminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his hear- ing examiners to other hearing examiners or to other officers in the Department, to boards of officers or to himself, as shall be appropriate^ and in accordance with law. "-' (d) All executive departments and agencies shall administer theiP programs and activities relating to housing and urban development
82 StAT. ] PUBLIC LAW 9 0 ^ 2 8 4 ^ A P R : 11, 1968 m m a manner affirmatively tq further the purposes of this title and ^siiall cooperate with the Secretary to fijrther such purposes. .v.tlBn^'^ |j'., (e) The Secretary of Housing and Urban Development shall— )on ])< ^^) luake studies with respect to the nature and extent o i d i s - crimniatory housing practices in representative communities, ^. urban, suburban, and rural, throughout the United States; ^^ny^,-:, (2) publish and disseminate reports, ;:ecomm,endati^^ ^^YfeInformation derived from such studiesjf,/'j^|^i^.j,jjf.i.,^. • ii-unix i).);*),' (3) cooperate with and render technicat assistance to Federal, „.' ^State, local, and other public or private agencies, organizations, ' •'' a n d institutions which are formulating or carrying on prog^^|nji3 f.. ,„ to prevent or eliminate discriminatory housing practices; . |A,.. * (4) cooperate with and render such technical and other assisi^- ance to the Community Relations Service as may be appropriate r , ., to further its activities in preventing or eliminating disorimiha- Y^^'tpry housing practices; and ^r|f^' (5) administer the programs and activities relating to housing f ' and urban development in a manner affirmatiyely to fiirther the ^^ policies of this tSle/^^i'll*-^' ; ^^^^ v^^^oif baM ^ l i n ^ . i . ^ .M, ;^»^SMe:f'^8§9?'Immediately after the ejVactmfent; of this title fh^fe^Ma^y shall cornmence such educiitional and conciliatory activities as'iri^his judgment will further the purposes of this title. He shall call confer- ences of persons in the housing industry and other interested pai-ties to ac(iuaint them with the provisions of tliis title and his suggested means of implementing it, and sliall endeavor witli their advice to work out ])rograms of voluntary compliance and of enforcement. He may pay per diem, travel, and transportation expenses for persons attending such conferences as ])rovided in section 5708 of title 5 of the T^^nited States Code. He sliall consult with State and local officials and other 80 Stat. 499. 'interested parties to learn the extent, if any, to which housing dis- crimination exists in their State or locality, and whetlier and how State or local enforcement ])rograms might be utilized to combat such dis- .erimination in connection with or in place of, the Secretary's enforce- ment of this title. The Secretary shall issue reports on such conferences Reports on con- ferences. 'and consultations as he deems/af^jyropriate.' ' •,••> - i i . • ' • ! ! [ /; riui !>'</< •••.•ir'j^ii f f O H ' i y q •- >. SEC. 810. (a) Any person who claims to have l/een injured by a cedure Complaints, pro- for filing. discriminatory housing practice or who believes that he will be irrev- ocably injured by a discriminatory housing practice that is about to occur (hereafter "person aggrieved") may file a complaint with the Secretary. Complaints shall be in w-ritingand shaU contain such infor- mation and be in su<?h form as the Secretary requires. Upon receipt of such a complaint the Secretary shall fUmish a copy of the sameto the person or persons wiio allegedly committed or are about to commit the alleged discriminatory housing practice* Within thirty days after re- 5 ceiving a complaint, or within thirty days after the expiration of any period of reference under subsection (e), the Secretary shall investi- igate the complaint and give notice in writing to the person aggrieved ; whether he intends to resolve it. If the Secretary decides to resolve the ic(Miiplaint, he shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a sub-
86 PUBLIC LAW 90-284-APR. 11, 1968 [82 STAT. r sequent proceeding under this title without the written consent of the persons concerned. Any employee of the Secretary who shall make public any information in violation of this provision shall be deemed <»uilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year. (b) A complaint under subsection (a) shall be filed within one hundred and eighty days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the Secretary, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified. (c) Wherever a State or local fair housing law provides rights and remedies for alleged discriminatory housing practices which are sub- stantially equivalent to the rights and remedies provided in this title, the Secretary shall notify the a])propriate State or local agency of any complaint filed under this title which appears to constitute a vio- lation of such State or local fair housing law, and the Secretary shall take no further action with respect to such complaint if the appropriate State or local law enforcement official has, within thirty days from the date the alleged offense has been brought to his attention, commenced proceedings in the matter, or, having done so, carries forward such pro- ceedings with reasonable promptness. In no event shall the Secretary take further action unless he certifies that in his judgment, under the circumstances of the particular case, the protection of the rights of the parties or the interests of justice require such action. o^min^emenr' (^) ^^ witliiii thirty days after a complaint is filed with the Secre- tary or within thirty days after expiration of any period of reference under subsection (c), the Secretary has been unable to obtain volun- tary compliance with this title, the person aggrieved may, within thirty days thereafter, commence a civil action in any appropriate United States district court, against the respondent named in the complaint, to enforce the rights granted or protected by this title, insofar as such rights relate to the subject of the complaint: Provided, That no such civil action may be brought in any United States district court if the person aggrieved has a judicial remedy under a State or local fair housing law which provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent to the rights and remedies provided in this title. Such actions may be brought without regard to the amount in controversy in any United States district court for the district in which the discriminatory hous- ing practice is alleged to have occurred or be about to occur or in which the respondent resides or transacts business. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may, subject to the provisions of section 812, enjoin the respondent from engaging in such practice or order such affirma- tive action as may be appropriate. (e) In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant. (f) Whenever an action filed by an individual, in either Federal or State court, pursuant to this section or section 812, shall come to trial the Secretary shall immediately terminate all efforts to obtain voluntary compliance.
82 STAT.] PUBLIC LAW 90-284-APR. 11, 1968 87 INVESTIGATIONS; S U B P E N A S ; GIVING OF EVIDENCE SEC. 811. (a) I n conducting an investigation the Secretary shall Records and documents, ac- have access at all reasonable times to premises, records, documents, in- cess. dividuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation: Provided, however. That the Sec- retary first complies with the provisions of the Fourth Amendment re- lating to unreasonable searches and seizures. The Secretary may issue Subpenas. subpenas to compel his access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpenas or interrogatories were issued or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. The Secretary may admin- ister oaths. (b) Upon written application to the Secretary, a respondent shall be entitled to the issuance of a reasonable number of subpenas by and in the name of the Secretary to the same extent and subject to the same limitations as subpenas issued by the Secretary himself. Sub- penas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request. (c) Witnesses summoned by subpena of the Secretary shall be Witnesses, com- pensation. entitled to the same witness and mileage fees as are witnesses in pro- ceedings in United States district courts. Fees payable to a witness summoned by a subpena issued at the request of a respondent shall be paid by him. (d) Within five da^s after service of a subpena upon any person, such person may petition the Secretary to revoke or modify the sub- pena. The Secretary shall grant the petition if he finds that the sub- pena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason. (e) I n case of contumacy or refusal to obey a subpena, the Secretary or other person at whose request it was issued may petition for its enforcement in the United States district court for the district in Avliich the person to w^hom the subpena was addressed resides, was served, or transacts business. (f) Any person who willfully fails or neglects to attend and testify Failure to testify, penalty. or to answer any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the subpena or lawful order of the Secretary, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Any person w^ho, with intent thereby to mislead the Secretary, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the Secretary pursuant to his subpena or other order, or shall willfully neglect or fail to make or cause to be made full, true, and correct entries in such reports, accounts, rec- ords, or other documents, or shall willfully mutilate, alter, or by any other means falsify any documentary evidence, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (g) The Attorney General shall conduct all litigation in which the Secretary participates as a party or as amicus pursuant to this Act. 96-600 O - 69 - 9
88 PUBLIC LAW 90-284-APR. 11, 1%8 [82 STAT. ENFORCEMENT BY PRIVATE PERSONS SEC. 812. (a) The rights granted by sections 803, 804, 805, and 806 may be enforced by civil actions in appropriate United States district courts without regard to the amount in controversy and in appropriate State or local courts of general jurisdiction. A civil action shall be commenced within one hundred and eighty days after the alleged dis- criminatory housing practice occurred: Provided^ however^ That the court shall continue such civil case brought pursuant to this section or section 810(d) from time to time before bringing it to trial if the court believes that the conciliation efforts of the Secretary or a State or local agency are likely to result in satisfactory settlement of the dis- criminatory housing practice complained of in the complaint made to the Secretary or to the local or State agency and which practice forms the basis for the action in court: And provided^ hoioever^ That any sale, encumbrance, or rental consummated prior to the issuance of any court order issued under the authority of this Act, and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this Act shall not be affected. Civil action without f e e s , etc (b) Upon application by the plaintiff and in such circumstances as the court may deem just, a court of the United States in which a civil action under this section has been brought may appoint an attorney for the plaintiff and may authorize the commencement of a civil action upon proper showing without the payment of fees, costs, or security. A court of a State or subdivision thereof may do likewise to the extent not inconsistent with the law or procedures of the State or subdivision. tafion^^^^' ^'""' (^) '^^® court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff: Provided^ That the said plaintiff in the opinion of the court is not financially able to assume said attorney's fees. r ENFORCEMENT BY T H E ATTORNEY GENERAL SEC. 813. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this title, or that any group of persons has been denied any of the rights granted by this title and such denial raises an issue of general public importance, he may bring a civil action in any appro- priate United States district court by filing with it a complaint setting forth the facts and requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for such pattern or practice or denial of rights, as he deems necessary to insure the full enjoyment of the rights granted by this title. E X P E D I T I O N OF PROCEEDINGS SEO. 814. Any court in which a proceeding is instituted under section 812 or 813 of this title shall assign the case for hearing at the earliest practicable date and cause the case to be in every way expedited.
82 STAT. ] PUBLIC LAW 90-284-APR. 11, 1968 89 EFFECT ON STATE LAWS SEC. 815. Nothing in this title shall be construed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this title shall be effective, t h a t grants, guarantees, or protects the same rights as are granted by this title; but any laAv of a State, a political subdivision, or other such jurisdic- tion that purports to require or permit any action that would be a discriminatory housing practice under this title shall to that extent be invalid. \ COOPERATION WITH STATE AND L O C A L A G E N C I E S ADMINISI'ERING FAIR HOUSING LAWS SEC. 816. The Secretary may cooperate with State and local agencies charged with the administration of State and local fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist him in carrying out this title. I n furtherance of such cooperative efforts, the Secretary may enter into written agreements with such State or local agencies. All agreements and terminations Federal Publication in Register. thereof shall be published in the Federal Register. INTERFERENCE, COFJICION, OR INTIMIDATION SEC. 817. I t shall be unlawful to coerce, intimidate, threaten, or inter- fere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 803, 804, 805, or 806. This section may be enforced by appropriate civil action. APPROPRIATIONS SEC. 818. There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this title. SEPARABILITY OF PROVISIONS SEC. 819. I f any provision of this title or the application thereof to any person or circumstances is held invalid, the remainder of the title and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. ^^2 6 TITLE I X PREVENTION OF INTIMIDATION I N FAIR HOUSING CASES SEC. 901. Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with— (a) any person because of his race, color, religion or national origin and because he is or has been selling, purcliasing, renting, financing, occupying, or contracting o r negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or apj)lying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or
90 PUBLIC LAW 90-284-APR. 11, 1968 [82 STAT. (b) any person because he is or has been, or in order to intimi- date such person or any other person or any class of persons from— (1) participating, without discrimination on account of racej color, religion or national origin, in any of the activities, I services, organizations or facilities described in subsection I 901(a) ; or I (2) affording another person or class of persons oppor- tunity or protection so to participate; or ; (c) any citizen because he is or has been, or in order to dis- courage such citizen or any other citizen from lawfully aiding or I encouraging other persons to participate, without discrimination j on account of race, color, religion or national origin, in any of I the activities, services, organizations or facilities described in \ subsection 901 ( a ) , or participating lawfully in speech or peaceful I assembly opposing any denial of the opportunity to so partici- pate— Penalty. shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. TITLE X—CIVIL OBEDIENCE SHORT T I T L E "Civil obedi- SEC. 1001. This title may be cited as the "Civil Obedience Act of ence Act of 1968". *' 1968." C R I M I N A L P E N A L T I E S FOR ACTS C O M M I T T E D I N CIVIL DISORDERS 18 use 20/-^' SEC. 1002. (a) Title 18, United States Code, is amended by insert- 224. iiig after chapter 11 thereof the following new chapter: "Chapter 12.—CIVIL DISORDERS "Sec. "231. Civil disorders. "232. Definitions. "233. Preemption. "§ 231. Civil disorders " ( a ) (1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or "(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or liaving reason to know or intending that the same will be used unlaw- fully in furtherance of a civil disorder; or "(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer law- fully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the move-
82 STAT. ] PUBLIC LAW 90-284-APR. 11, 1968 91 ment of any article or coniniodity in commerce or the conduct or per- formance of any federally protected function— "Shall be fined not more than $10,(X)0 or imprisoned not more than P^^^ity five years, or both. " ( b ) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful per- formance of his official duties. "§232. Definitions "For purposes of this chapter: "(1) The term 'civil disorder' means any public disturbance involv- ing acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. "(2) The term 'commerce' means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia. "(3) The term 'federally protected function' means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails. "(4) The term 'firearm' means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. "(5) The term'explosive or incendiary device'means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a W'ick composed of any material which, when ignited, is capable of igniting such flammable liquid or com- pound, and (ii) can be carried or thrown by one individual acting alone. "(6) The term 'fireman' means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia. "(7) The term 'law enforcement officer' means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, w^hile engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include, but shall not be limited to, mem- bers of the National Guard, as defined in section 101(9) of title 10, United States Code, members of the organized militia of any State, or 70A Stat. 4. territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included wdthin the definition of National Guard as defined by such section 101(9), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder. "§233. Preemption "Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any pro- visions of the chapter operate to the exclusion of State or local laws on
^ PUBLIC LAW 90-285-APR. 12, 1968 [82 STAT. the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law miless such pix>- vision is inconsistent with any of the purposes of this chapter or any provision thereof." 62 Stat ^^^ '^^^ ^^^^® ^^ contents to " P A R T I . — C R I M E S " of title 18, United States Code, is amended by inserting after "11, Bribery and graft 211" a new chapter reference as follows: "12. Civil disorders 231". Approved April 11, 1968. Public Law 90-285 April 12,1968 JOINT RESOLUTION [H.j. Res. 1223] iji^ continue for a temporary period the 7 percent excise tax rate on automobiles and the 10 i)ercent excise tax rate on communication services. Resolved by the Senate and House of Representatwes of the United Excise taxes, States of America in Congress assembled, That (a) the following extension. provisions of the Internal Revenue Code of 1954 are each amended by striking out "March 31,1968" and inserting in lieu thereof "April 30, 1968", and by striking out "April 1,1968" and inserting in lieu thereof "May 1, 1968": 26u'sc^06i ^^^ Section 4061 (a,) (2) (relating to tax on passenger automobiles); (2) Section 6412(a)(1) (relating to floor stocks refunds on : passenger automobiles); and (3) Subsections (a) (2) and (c) of section 4251 (relating to tax on certain communications services). Subsection (c) of such section 4251 is amended by striking out "February 1,1968" and inserting in lieu thereof "March 1,1968", and by striking out "January 31, 1968" and inserting in lieu thereof "February 29, 1968". Effective date. ^^^ -p^g amendments made by subsection (a) shall take effect as of March 31, 1968. Approved April 12, 1968. Public Law 90-286 April 12,1968 JOINT RESOLUTION [H.J. Res. 1229] Malving a supplemental appropriation for the fiscal year ending June 30, 1968, and for other purposes. Resolved by the Senate and House of Representatives of the United mental"i ^ro^rfa- 'States of America in Congress Assembled, That the following sum is tion,^96^^'^°^"^ appropriated out of any money in the Treasury not otherwise appro- prrated, to supply a supplemental appropriation for the fiscal year ending J u n e 30, 1968, and for other purposes, namely: D E P A R T M E N T O F LABOR BUREAU or EMPLOYMENT SECURITY For an additional amount for "unemployment compensation for Federal employees and ex-servicemen", $28,000,000. Approved April 12, 1968.