An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes
PL 90-284 (H.R.2516), enacted 04/11/1968

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 
'' ' ' 
A N 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 W I T H FEDERALLY 
u 
PROTECTED ACTIVITIES 
62 Stat. 696. 
18 u s e 241-244. 
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-
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^\< .'^delegated. 
•^jil';-;auu/.,/;•.•! .>>J..l, ^;u/^iO 
.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 eiii(nrip^;9p,;MM^ 
lo vth 
P r i ^ i l f ^ v P ^ ^ ^ a m , i a c i U | | ^ , , o i ^ ^ f ^ \ ^ , p ^ f i ^ 
{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." 
70A Stat. 4. 
82 STAT. ] 
PUBLIC L
A
W 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 m
e
m 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 VlII 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 
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 o
f 
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 o
f 
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. 
Penalty. 
Prosecution 
proceedings. 
Report to 
Congress. 
.BsiJifin'j'; 
YoaiiqanoO 
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— 
"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),or (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. 
"(d) Whenever, in the opinion of the Attorney General or of the 
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 
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 
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. 
62 Stat, 684. 
"(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.^^ 
Stafes Code, is amended by.^flS^r^ji^g(a^|^^)>€|:^^l9^iijgjP^lpt^^Hll%-
ence: 
<'101 •
: 
feefe'aras 
lifatt i-eiMiZil^LZailJaiXOIJ-JLiaOl^^JLLl-LidT 
112071" 
a new chapter referen(5e Ag'fbll^^:^ ^- ^-1 (T ZI 
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^!^f 
feelf-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 
s h a l l 
M\\1 
-fAil] 
'lo 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, oi ^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/ hotjiuinioo 
ftywu'/jlo 
xl-)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 olth4 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
; 
^41 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. 
TITLE III—MODEL CODE GOVERNING COURTS OF 
INDIAN OFFENSES 
Recommenda-
tions to Congress. 
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. In 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. 
TITLE 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. 
C O N S E N T 
T O 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. illj 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. 
TITLE V — O F F E f e E S W I T t t l N INDIAN 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 of 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'.) 
TITLE VI^EMPLOYlvrKNT OF LEGAL COUNSEL 
-OlbsfTrfi; ji7(')-ici ! ? ' ' ' : • 
- 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-
^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 VII—MATERIALS RELATING TO CONSTITU-
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 ' 
OdJ-i :>8a 8f; 
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 liii oi ,8d(rL 
J^isomsot 
^ 
.(d) nofl09sdjj8 yd hsiqm'y/j} 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. It 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 
^rant 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 ^ t e o l u m -
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 FDIC or FSLIC 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 L
A
W 90-284-APR. 11, 1968 
(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, 
five 
or 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-
83 
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 
Authority and 
responsibility. 
Assistant 
Secretary. 
Post, p. 606. 
42 use 3533. 
42 u s e 3535. 
Delegation of 
authority. 
80 Stat. 415, 
528. 
ADMINISTRATION 
SEC. 808. (a) The authority and responsibility for administering 
this Act shall be in the Secretary of Housing and L'rban Development. 
(b) The Department of Housing and Urban Development shall be 
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 
Stat. 668; 5 U.S.C. 624b (a)) and substituting therefor "five,"; and 
(2) striking the word "six," in section 7 of said Act (79 Stat. 
669; 5 U.S.C. 624(c)) and substituting therefor "seven." 
(c) The Secretary may delegate any of his functions, duties, and 
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 
7521 of title 5 of the United States Code. Insofar as possible, concilia-
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 90^284^APR: 11, 1968 
m 
m a manner affirmatively tq further the purposes of this title and 
^siiall cooperate with the Secretary to fijrther such purposes. 
|j'., (e) The Secretary of Housing and Urban Development shall— 
)on ]
)
< ^^) luake studies with respect to the nature and extent oidis-
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, 
' •'' and 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 ^lin^.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 
'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 
'and consultations as he deems/af^jyropriate.' 
' 
•,••> - i i . 
• 
' • ! ! [ /; riui 
!>'</< •••.•ir'j^ii ffOH'iyq •- 
>. 
SEC. 810. (a) Any person who claims to have l/een injured by a 
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-
.v.tlBn^'^ 
80 Stat. 499. 
Reports on con-
ferences. 
Complaints, pro-
cedure for filing. 
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; SUBPENAS; GIVING OF EVIDENCE 
SEC. 811. (a) In conducting an investigation the Secretary shall 
have access at all reasonable times to premises, records, documents, in-
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 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 
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) In 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 
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. 
Records and 
documents, ac-
cess. 
Subpenas. 
Witnesses, com-
pensation. 
Failure to 
testify, penalty. 
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. 
(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. 
Civil action 
without fees, etc 
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. 
EXPEDITION 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, that 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. 
C O O P E R A T I O N W I T H 
S T A T E A N D LOCAL 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. In furtherance of such 
cooperative efforts, the Secretary may enter into written agreements 
with such State or local agencies. All agreements and terminations 
thereof shall be published in the Federal Register. 
Publication in 
Federal Register. 
INTERFERENCE, COFJICION, OR INTIMIDATION 
SEC. 817. It 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. If 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. 
TITLE I X 
PREVENTION OF INTIMIDATION IN 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 or 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 
^^2 6 
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 TITLE 
"Civil obedi- 
SEC. 1001. This title may be cited as the "Civil Obedience Act of 
ence Act of 
*' 
1968." 
1968". 
CRIMINAL PENALTIES FOR ACTS COMMITTED 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 
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 
70A Stat. 4. 
^ 
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 "PART I.—CRIMES" 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. 
Excise taxes, 
extension. 
Resolved by the Senate and House of Representatwes 
of the United 
States of America in Congress assembled, That (a) the following 
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 June 30, 1968, and for other purposes, namely: 
DEPARTMENT OF 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.