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82 STAT.]

PUBLIC LAW 90-284-APR. 11, 1968

exemption grantoo 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 ACT
To prescribe penalties for certain aets of violenee or intimidation, anrl for
purposes.

April 11,1968

othPr _ _
[H_._R_._2_5 _16_1_

Be it enacted by the Senate and Hou8e of RepPesentative8 of the
United State8 of ArnePica in Congress a.ssembled,

Civil rights.

TITLE I-INTERFERENCE .WITH FEDERALLY
PROTECTED ACTIVITIES
SEc. 1()1. (a) That chapter 13, civil rights, title 18, United States
Code, is amended by inserting immediately a.t the end thereof the following new section, to read as follows:
"§ 245. Federally protected activities
" (a) ( 1) 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 United 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 l:nv. No prosecution
of any offense described in this section shall be undertaken by the
lJnited States except upon the certification in writing of the Attorney
Genera.I or the Deputy Attorney General that in his judgment a
prosecution by the United States is in the public interest and necessary
to secure substantial justice, which function of certification may not be
delegated.
" ( 2) Nothing in this subsection shall be construed to limit the
authority of Federal. officers, or a Federal grand jury, to investigate
possible violations of this section.
"(b) ,vhoever, whether or not acting under color of law, by force or
threat of force willfully injures, intimidates or interferes ,vith, or
attempts to injure, intimidate or interfere with" (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from" (A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as
a poll watcher, or any legally authorized election official, in
any primary, special, or general election;
"(B) participating in or enjoying a.ny benefit, service,
privilege, program, facility, or activity provided or administered by the United States;
"(C) applying for or enjoying employment, or any perquisitethereof, by any agency of the United States;
"(D) serving, or attending upon any court in connection
with possible service, as a grand or petit juror in any court of
the United States;
"(E) participatin~ in or enjoying the benefits of any program or activity receiving Federal financial assistance; or
"(2) any person because of his race, color, religion or national
origin and because he is or has been-

62 Stat. 696.
18 USC 241-244.

Penalty.

la~:u~~~i~~P=~i;;ch
or peaceful assembly."

PUBLIC LAW 90-284-APR. II, 1968

[82

STAT.

"(A) enrolling in or attending any public school or public
college;
"(B) participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered
by any State or subdivision thereof;
"(C) applying for or enjoying emp1oyment, or any perquisite thereof, by any prirnte emp1oyer or any ag-ency of
any State or subdirision thereof, or joining or using the
services or advantages of any ]abor 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 commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, ·water, or air;
"(F) enjoying the goods, services, facilities, privileges,
advantages, or accommodations of any inn, hotel, mote1 1 or
other establishment "·hich provides lodging to transient
guests, or of any restaurant, cafeteria, lunchroom, lunch
counter, soda fountain, or other facility which sen-es the public and which is principaJly engaged in selling food or beverages for consumption on the premises, or of any gasoline
station, or of any motion picture how,e, theater, concert hall,
sports arena, stadium, or any other p1ace of exhibition or
entertainment which serves the public, or of any other establishment which serves the public and ( i) winch is located
within the premises of nny of the aforesaid establishments
or within the premises of which is physically located any of
the aforesaid establishments, and (ii) which holds itself out
as serving patrons of snch establishments; or
"(3) during or incident to a riot or civil disorder, any person
engaged in a business in commerce or affectine; commerce, including, 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 inthnidate such person or any other person or any class of persons
from" (A) participating, without discrimination on account of
race, co1or, 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 pers_01_1 or class of persons opportumty or proteet10n to so participate; or
" ( 5) any citizen because he is or has been, or in order to intimidate 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), or
participating lawfully in speech or peaceful assembly opposing
any denial of the opportnmty to so participate-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.
As used in this section, the term 'participating lawfully in speech or
peaceful assembly' shall not mean the aiding, abetting, or inciting of

STAT.]

PUBLIC LAW 90-284-APR. 11, 1968

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 subsection 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 establishment 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 vio1ation 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 States1 or any political subdivision of a State. For purposes of the precedmg sentence, the term
'law enforcement officer' means any offieer of the United States, the
District of Columbia, a State, or politicn,l subdivision of a State, who is
empowered by hnv 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 activities under title VIII of this Act.
(c) The provisions of this section shall not apply to acts or omissions
on the part. of law enforcement officers, members of the National Guard,
as defined in section 101(9) of title 10, rnited States Code, members of
the organized militia of any State or the DistriC't of Columbia, not
cornred by such section 101 ( 9), or members of the Armed Forces of the
United States, who are engaged in suppressing a riot or cid] disturb:tnce or restoring la.w and order during a riot or cidl disturbanC'e.
SEc. 102. The analysis of chapter 1:1 of title18 of the rnited States
Code is amended by adding at the end thereof the following:

"Law enforcement officer.">

Post, p. 81.

70A Stat. 4.

'"245. Federally protected actiYitiPs."

SEc. 103. (a) Sec.ti on 241 of title 18, United Sta1tes Code, is amended
• •
by Strl"k'mg OUt t lle fi BU 1 paragrap h, t h ereo f Hll d SUbst1tutmg
t lle
following:
"They shaJl 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 term of years or for life.~'
(b) Seetion 242 of title 18, l;nited States Code, is amended by striking 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
or for life."
( c) Subsections (a) and (c) of section 12 of the Voting Rights Act
of 1965 (79 Stat. 443, 444) are amended by striking out the words "or
(b)" following the words "11 (a)".
SEc. 104. (a) Title 18 of the United States Code is amended by
•
•
•
ed'iat e1y a f ter c11apter 101 t h ereof , t he f o11owmg
• new
msertmg,
1mm
chapter:
"Chapter 102.-RIOTS
"See.

"2101. Riots.
"2102. Definitions.

"§ 2101. Riots
"(a) (1) vVhoever travels in interstate or foreign commerce or uses
any facility of interstate or foreign commerce, including, but not
!imited to, the mail, telegraph, telephone, radio, or television, with
mtent-

Penalt_ies.
Conspiracy
against rights of
citizens.
62 st
696
at.
•

Deprivation of
rights.

use

1973j.

62 stat. 79s.
I 8 use 207 I 2076 .

PUBLIC LAW 90-284-APR. 11, 1968

Penalty.

Prosecution
proceedings.

Report to
Congress.

[82

STAT.

"(A) to incite a riot; or
"(B) to organize, promote, encourage, participate in, or carry
on a riot; or
" ( C) to commit any act of violence in furtherance of a riot; or
" ( D) to aid or abet any person in inciting or participating in
or carrying on a riot or committing any act of Yiolence in furtherance of a riot;
and ,Yho either during the course of any such travel or use or thereafter
performs or attempts to perform any other overt act for any purpose
specified in subparagraph (A), (B), (C),or (D) ofthisparagraph"Shall be fined not more than $10,000, or imprisoned not more than
five years, or both.
"(b) In any prosecution under this section, proof that a defendant
engaged or attempted to engage in one or more of the overt acts described in subparagraph (A), (B), (C), or (D) of paragraph (1) of
subsection (a) and ( 1) has traveled in interstate or foreig11 commerce,
or (2) has use of or used any facility of interstate or foreig11 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
Jaws of any State sha1l be a bar to any prosecution hereunder for the
same act or acts.
" ( d) 1:Vhenever, in the opinion of the Attorney General or of the
appropriate officer of the Department of Justice charged by law OL'
under the instructions of the Attorney General with authority to act,
any person shall have riolated this chapter, the Department shall
proceed as speedi]y as possible ,vith a prosecution of such person hereunder and with any appeal which may lie from any decision adverse to
the GoYernment resuHmg from such prosecution; or in the alternative
shall report in ,niting, to the respective Houses of the Congress, the
Department's reason for not so proceeding.
" ( e) Nothing contained in this section shall be construed to make
it unlawful for any person to tra,·el in, or use any facility of, interstate
or foreign commerce for the purpose of pursuing the 1egitimate objectives of organized labor, through orderly and lawful means.
"(£) Nothing in this section shall be construed as indicating an
intent on the part of Congress to preyent any State, any possession or
Commonwealth of the Fnited 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 disturbance inYolving ( 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 presc->nt 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 Yiolence by one or more persons part of an assemblage of thref\
or more persons having, individually or co11ective1y, 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.

STAT.]

PUBLIC LAW 90-284-APR. 11, 1968

"(b) As used in this chapter, the term 'to incite a riot', or'to organize,
promote, encourage, participate in, or carry on a riot', includes, but is
not limited to, urging or instigating other persons to riot, hut shall not
be deemed to mean the mere oral or written (1) advocacy of ideas
or (2) expression of belief, not involving advocacy of any act or acts of
violence or assertion of the rightness of, or the right to commit, any
such act or acts."
(b) The table of contents to "PART I.-CRIMEs" of title 18, United
States Code, is amended by inserting after the following chapter reference:

62 Stat. 684.

"101. Records and reports ___________________________ ._ _________________ 2071"

a new chapter reference as follows:
"102. Riots --------------------------------------------------------- 2101".

TITLE II-RIGHTS OF INDIANS
DEFINITIONS

SEc. 201. For purposes of this title, the term( 1) "Indian tribe" means any tribe, band, or other group of Indians
subject to the jurisdiction of the United States and recognized as possessing powers of self-government ;
(2) "powers of self-government" means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and
judicial, and all offices, bodies, and tribunals by and through which
they are executed, including courts of Indian offenses; and
(3) "Indian court" means any Indian tribal court or court of Indian
offense.
INDL.\N RIGHTS

SEc. 202. No Indian tribe in exercising powers of self-government
shall(1) make or enforce any law prohibiting the free exercise of
religion, or abridging the freedom of speech, or of the pre..ss, or the
right of the people peaceably to assemble and to petition for a
redress o:f grievances;
(2) viola;te the right of the people to be secure in their persons,
houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by
oath or affirmation, and particularly describing the place to be
searched and the person or thing to be seized;
(3) subject any person for the same offense to be twice put in
jeopardy;
( 4) compel any person in any criminal case to be a witness
against himself;
( 5) take any private property for a public use without just
compensation;
( 6) deny to any person in a criminal proceeding the right to a
speedy and public trial, to be informed of the nature and cause of
the accusation, to be confronted with the witnesses against him, to
have compulsory process for obtaining witnesses in his favor, and
at his o-wn expense to have the assistance of counsel for his defense;
(7) require excessive bail, impose excessive fines, inflict cruel
and unusual punishments, and in no event impose :for conviction of
any one offense any penalty or punishment greater than imprisonment for a term of six months or a fine o:f $500, or both;
(8) deny to any person within its jurisdiction the equal protection of its laws or deprive any person o:f liberty or property without due process of law;

Penalty, limitation.

PUBLIC LAW 90-284-APR. 11, 1968

[82

STAT.

( 9) pass any bill of attainder or ex post fac:to Iaw; or
(10) deny to any person accused of an offense punishable by
impris_onment the right, upon request, to a trial by jury of not less
than six persons.
IL\BE.\S CORPUS

SEc. 203. The privilege of the writ of habeas corpus shall be available to any person, 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
Recommendations to Congress.

SEc. 301. The Secretary of the Interior is authorized and directed to
recommend to the Congress, on or before ,Tuly 1, 1968, a model code
to gonrn the administration of justice by courts of Indian offenses on
Indian reserrntions. Such code shall include provisions which will
(1) assure that any indiYidual being tried for an offense by a court of
Indian offenses shall haYe the same rights, privileges, and immunities
under the "Cnited States Constitution as would be guaranteed any
citizen of the Fnited 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 Indinn offenses will be achised nnd made aware of
his right's under the rnited States Constitution, and under any tribal
constitution applicable to such indiYidual, (3) establish proper qualifications 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 sha11 consult with the Indians, 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 tit le.
TITLE IV-,JURISDICTION OVER CRIMIN.AL ..-\.XD CIVIL
ACTIONS
ASSUMPTION BY STATE

SEc. -!01. (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 elsewhere within that State.
(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water
rights, belonging to any Indian or any Indian tribe, band, or community 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 inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall deprive any Indian or any
Indian tribe, band, or community of any right, privilege, or immunity

STAT.]

PUBLIC LAW 90-284-APR. 11, 1968

afforded under Federal treaty, agreement, or statute with respect to
hunting, trapping, or fishing or the control, licensing, or regulation
thereof.
ASSl'.::IIPTIOX HY ST.\TE OF CIYIL JrRISDICTIO:N"

SEc. 402. (a) The consent of the rnited States is hereby given to
any State not having jurisdiction over ciYil 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
which would be affected by such assumption, such measure of jurisdiction 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 otlwr
civil causes of action, and those civil Jaws of such State that are of
general application to prirnte persons or prinlte property sha1I 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, encumbrance, or taxation of any real or personal propert,Y, including water
rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the Fnited States or is subject to a
restriction against alienation imposed by the Fnited States; or shall
authorize regulation of the use of such property in a manner inconsistent 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
o,vnership 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 any authority
,..-hich it may possess shall, if not inconsistent with any applicable ciYil
]aw of the State, be given full force and effect in the determination of
civil causes of action pursuant to this section.
RETROCESSION OF JURISDICTION HY STATE

SEC. 403. (a) The United States is authorized to a('('ept a retrocession by any State of all or any measure of the criminal or ciYil jurisdiction, or both, acquired by such Shlte pursuant. to the prm·isions of
section 1162 of tit le 18 of the l"Tnited States Code, section 1360 of title 28
of the l"Tnited States Code, or section 7 of the Act of August 15, 195:3
( 67 Stat. 588), as it was in effect prior to its repe."ll by subsection (b) of
this section.
(b) Section 7 of the Act of August 15, 1953 ( 67 Stat. 588), is hereby
repealed, but such repeal shall not affect any cession of jurisdiction
made pursuant to such section prior to its repeal.
CONSENT TO AMEND STATE LAWS

SEc. 404. Notwithstanding the provisions of any enabling Act for
the admission of a State, the consent of the United Sta.tes 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 jurisdiction by any such State until the people the.reof have appropriately
amended their State constitution or statutes, as the case may be.

use

note.
Repeal.

1360

PUBLIC LAW 90-284-APR. 11, 1968

[82

STAT.

ACTIONS :NOT TO ABATE

SEc. 405. (a) No action or proceeding pending before any court or
agency of the Cnited States immediately prior to any cession of jurisdiction by the United States pursuant to this title shall abate by reason
of that cession. For the purposes of any such action or proceeding, such
cession shall take effect on the day following the date of tinal determination of such action or proceeding.
(b) Ko cession made by the lJ~nited States under this title shall
deprive any court. of the "Gnited States of jurisdiction to hear, determine, render judgment, or impose sentence in any criminal action
instituted against any person for any offense committed before the
effective date of such cession, if the offense charged in such action was
cognizable under any law of the l7nited States at the time of the commission of such offense. For the purposes of any such criminal action,
such cession shall take effect on the day following the date of final
determination of such action.
SPECIAL ELECTION

SEc. 406. State jurisdiction acquired pursuant to this title with
respect to criminal offenses or civil causes of action, or with respect to
both, shall be applicable in Indian country only where the enrolled
Jndians ·within the affected area of such Indian country accept such
jurisdiction by a majority rnte 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 regulations as he may prescribe, when requested to do so by the tribal council or other governing
body, or by 20 per centum of such enrolled adults.
TITLE V-OFFENSES WITHIN INDIAN COUNTRY
AMENDMENT
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 injury,".
TITLE VI-EMPLOYMENT OF LEGAL COUNSEL
APPROVAL

SEc. 601. Notwithstanding any other provision of law, if any application made by an Indian, Indian tribe, Indian council, or any band
or group of Indians under any Jaw requiring the al?proval of the Secretary of the Interior or the Commissioner of Indrnn Affairs of contracts or agreements relating to the employment of legal counsel ( including the choice of counsel 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.
TITLE VII-MATERIALS RELATING TO CONSTITUTIONAL RIGHTS OF INDIANS
SECRETARY OF INTERIOR TO PREPARE

SEC. 701. (a) In order that the constitutional rights of Indians
might be fully protected, the Secretary of the Interior is authorized
and directed to-

STAT,]

PUBLIC LAW 90-284-APR. 11, 1968

(1) have the document entitled "Indian Affairs, Laws and
Treaties" (Senate Document Numbered 319, volumes 1 and 2,
Fifty-eighth Congress), revised and extended to include all
treaties, laws, Executi-rn 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
the Solicitor prior to September 1, 1967, and to have such compila.tion 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 with paragraph
( 1) of subsection (a), and the compilation prepared in accordance with
paragraph ( 8) of such subsection, the Secretary of the Interior shall
take such action as may be necessary to keep such document and compilation current on an annual basis.
(c) There is authorized to be appropriated for carrying out the
provisions of this title, with respect to the preparation but not includmg printing, such sum as may be necessary.
TITLE VIII-FAIR HOUSING
POLICY

SEc. 801. It is the policy of the United States to provide, within
constitutional limitat10ns, for fair housing throughout the United
States.
DEFINITIONS

SEc. 802. As used in this title(a) "Secretary" means the Secretary of Housing and Urban Development.
(b) "Dwelling" means any building, structure, or portion thereof
which is occupied as, or designed or intended for occupancy as, a
residence by one or more families, and any vacant land ,\'hich is offered
for sale or lease for the co_nstruction or location thereon of any such
buildinp;, structure, or portion thereof.
( c) ' Family" includes a single individual.
( d) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated organizations, 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.
(f) "Discriminatory housing practice" means an act that is unlawful
under section 804, 805, or 806.
(g) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and
possessions of the United States.

PUBLIC LAW 90-284-APR. 11, 1968

[82

STAT.

EFFECTIVE DATES OF CERTAIN PROHIBITIONS

FDIC or FSLIC
institution~

Exemptions.

SEc. 803. (a) Subject to the provisions of subsection (b) and section
807, the prohibitions against discrimination in the sale or rental of
housini:r set forth in section 804 shall apply:
(1) Upon enactment of this title, to(A) dwellings owned or operated by the Federal GoYernment;
(B) dwellings provided in whole or in part ·with the aid o:f
loans, adrances, 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 Government, under agreements entered into after November 20, 1962,
unless payment thereon has been made in :full prior to the date of
enactment of this title: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to
dwel1ings solely by virtue of the fact that they are subject to
mortgages he1d by an FDIC or FSLIC institution; and
(D) dwellings 'provided by the development or the redevelopment 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 dwemngs covered by paragraph
( 1) and to all other dwellings except as exempted by subsection (b).
(b) Nothing in section 804 ( other than subsection ( c)) shall apply
to-

(1) any single-family house sold or rented by an owner: Provided, 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 individual 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 salesman, or of such facilities or services o:f any person in the business
of selling or re!1ting 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

STAT.]

PUBLIC LAW 90-284-APR. 11, 1968

(2) rooms or units in dwellings containing liYing 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 re&iclence.
(c) For the purposes of subsection (b), a person shall be deemed to
be in the business of selling or rentin~ dwellings if(1) he has, within the prececlmg twelve months, participated as
principal in three or more transactions invoking the sale or rental
of any dwelling or any interest therein, or
(2) he has, within the preceding tweln months, participated as
agent, other than in the sale of his own personal residence in proYiding sales or rental facilities or sales or rental senices in two or
more tmnsactions invoh-ing 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.
DISCRDIIN.\TION IN THE SALE OR RRNTAL OF uorSIKG

SEc. 804. As made applicable by section 803 and except as exempted
by sections 803 (b) and 807, it slHlll be unlawful( a) To refuse to sell or rent after the making of a 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 race, color,
religion, or national origin.
(b) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services
or facilities in connection there,vith, because of race, color, religion, or
national origin.
( c) To make, print, or publish, or cause to be made, printed, or published 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 any such preference, limitation, or discrimination.
( d) To represent to any person because of race, color, religion, 01·
national origin that any dwelling is not aYailable for inspection, sale,
or rental when such dwelling is in fact so available.
( e) For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular
race, color, religion, or national origin.
DISCRDIINATION IN THE FINANCING OF IIO"CSING

SEc. 805. After December 31, 19G8, it shall be unlawful for any
bank, building and loan association, insurance company or other corporation, association, firm or enterprise ,Yhose business consists in
whole or in part in the making of commercial real estate loans, to deny
a loan or other 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, religion, or national origin o-f 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, tenants, 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-

PUBLIC LAW 90-284-APR. 11, 1968

[82

STAT.

tion shall impair the scope or etfe<'ti,·eness of the exception contained
in section 80:3(b).
msCRDIIXATIOX IX TH}~ PROYISIOX OF BROKER.\GE 8ERYIC}:S

SEc. 806. After December m, 1968, it shall be unlawful to deny any
person access to or membership or participation in any multiple-listing
service, real estate brokers· organization or other service, organization,
or faeility relating to the business of selling or renting dwellings, or
to dise1·iJ11inate against him in the terms or conditions of such access,
B1embership, or participation, on account of race, color, religion, or
national origin.
EX};::\IPTION

S}:<'. 807. Nothing in this title shall prohibit a religious organization, 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 d,Yellings 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 restricted on account of race, ('()}or, or national origin. Nor shall anything in this title prohibit a private club not in fact open to the public,
,Yhich 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.
AD::IHNISTR.\TION
Authority and
responsibility~
Assistant
Secretary.

Post, P· 606.
42
42

use
use

3533.
3535.

Delegation of
authority.

80 Stat. 415,

528.

SEc. 808. (a) The authority and responsibility for administering
this Act shall be in the Secretary of Housing and Urban Development.
(b) The Department of Housing and ·crban Development sha!J be
pro\'ided an additional Assistant Secretary. The Department of Housing and Urban Development Act (Public Law 89-174, 79 Stat. 667)
is hereby amended by( 1) strikin~ the word "four," in section 4(a) of said .Act (79
Stat. 668; 5 l:J .S.C. 624b( a)) and substituting therefor "fi mt; and
(2) striking the word "six," in section 7 of said Act (79 Sta.t.
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 De,partment of Housing and Urban Development or to boards of such employees, including functions, duties, and
po,vers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any "·ork,
business, or matter under this title. The persons to whom such delegations are made ,Yith respect to hearing :functions, duties, and powers
shall be appointed and shall serve in the Department of Housing and
Urban Development in compliance v,ith sections 3105, 3344, 5362, and
7521 of title 5 of the United States Code. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing prac.tices allegedly occurred. The Secretary shall
by rule presnibe such rights of appeal from the decisions of his hearing 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 ac~ordance ·with law.
( d) All executive departments and agencies shall administer their
programs and activities relating to housing and urban development

STAT.]

PUBLIC LAW 90-284-APR. 11, 1968

in a manner affirmatively to further the purposes of this title and
shall cooperate with the Secretary to further such purposes.
(e) The Secretary of Housing and Urban Development shall(1) make studies with respect to the nature and extent of discrimmatory housing practices in representatirn communities,
urban, suburban, and rural, throughout the United States;
(2) publish and disseminate reports, recommendations, and
information derived :from such studies;
(3) cooperate with and render technical assistance to Federal,
State, local, and other public or private agencies, organizations,
and institutions which are formulating or carrying on program,;
to pre.-ent or eliminate discriminatory housing practices;
( 4) cooperate with and render such techrncal and other assistance to the Community Relations Service as may be appropriate
to further its activities in pre,·enting or eliminating discriminatory housing practices; and
( 5) administer the programs and activities relating to housing
and urban development in a manner affirmatinly to further the
policies of this title.
1mrcATION .\ND CONCILIATION

SEc. 809. Immediately after the enactment of this title the Secretary
shall commence such educational and conciliatory actiYities as in his
judgment will further the purposes of this title. He shall call conferences of persons in the housing industry and other interested parties to
ncquaint them with the provisions of this title and his suggested means
of implementing it, and shall endeavor with their advice to ,vork out
programs of voluntary compliance and of enforcement. He may pay
per diem, travel, and transportation expenses for persons attending
such conferences as provided in section 5703 of title 5 of the Fnited
States Code. He shall consult with State and local officials and other
interested parties to learn the extent, if any, to which housing discrimination exists in their State or locality, and ,Yhether and how State
or local enforcement programs might be utilized to combat such disc.rimination in connection with or in place of, the Secretary"s enforcement. of this title. The Secretary shall issue reports on such conferences
and consultations as he deems appropriate.

80 Stat. 499.

Reports on conferences.

ENFORCEl\IENT
SEC.

810. (a) Any person who claims to have been injured by a

discriminatory housing practice or who beliHes that he ,vill be irrevocably 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 writing and shall contain such information and be in such form as the Secretary requires. Upon receipt of
such a complaint the Secretary shall furnish a copy of the same to the
person or persons who allegetl'ly committed or are about to commit the
alleged discriminatory housing practice. ·within thirty days after receivmg a complaint, or within thirty days after the expiration of any
period of reference under subsection ( c), the Secretary shall investigate the complaint and give notice in writing to the person aggrieved
whether he intends to resolve it. If the Secretary decides to resolve the
complaint, he shall :proceed to try to eliminate or correct the alleged
discriminatory housmg practice by informal methods of conference,
conciliation, and persuasion. Nothing said or done in the course of such
informal endea,vors may be made public or used as evidence in a sub-

Complaints, procedure for filing.

PUBLIC LAW 90-284-APR. 11, 1968
Penalty.

Civil actions,
commencement.

[82

STAT.

sequent proceeding under this title without the written consent of the
persons concerned. Any employee of the Secretarv who shall make
public any information in dolation of this provision shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined not
more than $1,000 or imprisoned not more than one year.
(b) A complnint 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 mny 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 snbstantiaJly equivalent to the rights and remedies provided in this title,
the Secretary shall notify the ,lppropriate State or local agency of
any complaint filed under this title which appears to eonstitute a violation of snch State or 1oeal :fair housino- law, and the Secretary shall
take no fm-ther action with respect to such complaint if the appropriate
State or local law enforcement official has, "·ithin thirty days from the
date the alleged offense has been brought to his attention, commenced
proceedings in the matter, or, lun-ing done so, carries forward such proceedings with reasonable promptness. In no event shall the Secretary
fake further action unless he certifies that in his judgment, under the
eircmnstances of the particular case, the protection o:f the rights of the
parties or the interests of justice require such action.
( d) If within thirty days after a complaint is filed with the Secretary or withi1! thirty days after expiration of any period of reference
nnder subsection ( c), the Secretary has been unable to obtam yo]untary compliance with this title, the person aggrieved may, within
thirty days thereafter, commence a cn-il 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 aggrieyed has a judicial remedy under a State or
local fair housing law which provides rights and remedies for a1leged
discriminatory housing practices which are substantially equirnlent
to the rights and remedies prO\·ided in this title. Such adions may be
brought without regard to the amount in controversy in any United
States district court for the district in which the discriminatory housing practice is alleged to have occurred or be about to occur or in
,Yhich the respondent. resides or transacts business. If the court finds
that a discriminatory hom;ing- practice has occurred or is about to
occur, the court may, subject to the pro,·isions of section 812, enjoin
the respondent. from engaging in such practice or order such affirmative action as may be appropriate.
( e) In any proceeding brou_ght pursuant to this section, the burden
of proof shall be on the complamant.
( f) ·whenever an action filed by an indi,·idual, 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
rolnntary compliance.

PUBLIC LAW 90-284-APR. 11, 1968

STAT.]

INVESTIGATIONS; S"CBPEX.\S; GIVING 01" EVIDENCJ<1

SEC. 811. (a) In conducting
the
shaU
. an im·esti.!ration
.=
d Secretary
l
.
h ave access at a11 reasona bl e tunes to premises, recor s, c ocuments, 111dividuals, and other evidence or possible sources 0£ evidence and may
exa.mine, record, and copy such materials and take and record the
testimony or sta.tements 0£ such persons as are reasonably necessary for
the furtherance of the i1westig:ation: Pro1,ided. hml'ei·er\ That the Secretary first complies with the provisions 0£ the Fourth Amendment relating 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 interro~atories 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
nid 0£ a civil action in the United States district court for the district
in which the investigation is taking place. The Secretary may administer oaths.
(b) Upon written application to the Secretary, a respondent shall
be entitled to the issuance 0£ a reasonable number of subpenas by mHl
in the name of the Secretary to the same extent and subject to the
same limitations as subpenas issued by the Secretary himself. Subpenas issued at the request 0£ 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 mt 1eage fees as are witnesses in proceedings in United States district courts. Fees payable to a witness
summoned by a subpena issued at the request 0£ a respondent shall be
paid by him.
(d) ·within five days after service of a subpena upon any person,
such person may petition the Secretary to revoke or modify the subpena. The Secretary shall grant the petition if he finds that the subpena requires appearance or attendance at an unreasonable time or
place, that it requires production o-f 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 0£ contumacy or re-fusal 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
which the person to whom the subpena was addressed resides, was
served, or transacts business.
( £) Any person who willfulJy £ails 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 he fined not more than $1,000 or
imprisoned not more than one year, or both. Any person who, with
intent thereby to mislead the Secreta:y, shall make or cause to be made
any :false entry or statement of faet m any report, ·account, record, or
other document submitted to the Sec.retary 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 repo1is, accounts, records, 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 0 - 69 - 9

d Reco rd5 a nd
ocuments, ac•
cess.

Subpenas.

Witnesses, com·
pens at ion.

Failure to
testify, penalty.

PUBLIC LAW 90-284-APR. 11, 1968

[82

STAT.

ENFORCEMENT BY PRIVATE PERSONS

Civil action
without fees~ etc.

Dam ages, limitation.

SEc. 812. (ia) The rights granted by sections 803, 804, 805, and 800
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 discriminatory 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 discriminatory 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, however, 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.
( c) The 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 ca.se of a prevailing plaintiff: Provided,
That the said plamtiff in the opinion of the court is not financially
able to assume said attorney's :fees.
ENFORCEMENT BY THE 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
o:f the rights granted by this title and such denial raises an issue of
general public importance, he may bring a civil action in any appropriate 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

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 law of a State, a political subdivision, or other such jurisdiction 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 ST.\TE A:);D LOCAL AGENCIES AD:\IIXISTERIXG FAIR
HOt"SING U, \VS

SEC. 816. The Secretary may cooperate with State and local agencies
charged with the admimstration 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 carrymg 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.
INTF..RFERENCE, COERCION, OR INTIMIDATION

SEC. 817. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of
his haYing exercised or enjoyed, or on account of his hadng aided or
encouraged any other person in the exercise or enjoyment of, any right
grnnted or protected by section 803, 804, 805, or 806. This section may
be enforced by appropriate civil action.
API'ROPRIATIOXS

SEc. 818. There are hereby authorized to be appropriated such sums
as are necessary to carry out the purposes of this title.
SEPARABILITY OF PRO"HSIONS

SEc. 819. If any proYision 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 IX
PUEYEXTION

OJ<' IXTIMID.\TION IN FAIR HOL'SING 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 be.en selling, purchasing, renting,
financing, occupying, or contracting or negotiating for the sale,
purchase, rental, financing or occupation of any dwelling, or
applying for or participating in any service, organization, or
facility relating to the business of selling or renting dwellings; or

Publication in
Federal Register.

Penalty.

PUBLIC LAW 90-284-APR. 11, 1968

[82

STAT.

(b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons
from(1) partici1;>ating, without discrimination on account of
race? color, religion or national origin, in any of the activities,
services, orgamzations or facilities described in subsection
90l(a); or
(2) affording another person or class of persons opportunity or protection so to participate; or
( c) any citizen because he is or has been, or in order to discourage 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 activities, services, orgamzations or facilities described in
subsection 901 (a), or participating lawfully in speech or peaceful
assembly opposing any demal of the opporturnty to so participateshall be fined not more than $1,000, or imprisoned not more than one
year, or both; and if bodilv 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·
ence Act of
1968."

SEc. 1001. This title may be cited as the "Civil Obedience A.ct of

1968".
CRIMIN AL PENALTIES FOR ACTS COMMITTED IN CIVIL DISORDERS

76 Stat. 1119.
1s use 201-

224.

SEc. 1002. (a) Title 18, United States Code, is amended by inserting after chapter 11 thereof the following new chapter:
"Sec.

"Chapter 12.-CIVIL DISORDERS

"281. Ci\·il disorders.
"232. Drfinitions.
"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
<levice, 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
having reason to know or intending that the same will be used unlawfully 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 lawfuUy engaged in the lawful performance of his official duties incident
to and durmg the commission of a civil disorder which in any way or
degree obstructs, delays, or adversely affects commerce or the move-

STAT.]

PUBLIC LAW 90-284-APR. 11, 1968

ment of any articJe or commodity in commerce or the conduct or performance of any federally protected function"Shall be fined not more than $10,000 or imprisoned not more than
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 performance of his official duties.
"§ 232. Definitions
"For purposes of this chapter:
"(1) The term 'civil disorder' means any public disturbance inrnlving acts of violence by assemblages of three or more persons, which
causes an immediate danger of or results in damage or injury to the
proi,:>erty 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 'federa11y 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 State:;
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,
grena,de, missile, or similar device, and (C) any incendiary bomb or
grenade, fire bomb, or similar device, including any device which
( i) consists of or in dudes a breakable container includmg a flammable
liquid or compound, and a wick composed of any material which,
when ignited, is capable of igniting such flammable liquid or compound, 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, while engaged in the enforcement
or prosecution of any of the criminal laws of the l:"nited 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, members o:f the National Guard, as defined in section 101 ( 9) of title 10,
United States Code, members o:f the organized militia of any State, or
territory of the United States, the Commonwealth of Puerto Rico, or
the District o:f Columbia, not included within 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 provisions of the chapter operate to the exclusion of State or local laws on

Penalty.

70A Stat. 4.

62 Stat. 683.

PUBLIC LAW 9~285-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 unless such provisio~ _is inconsistent with any of the purposes of this chapter or any
provision thereof."
(b) The table of contents to "PART I.-CRI!rns" o:f 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
,[H.J. Res, 1223]

Excise taxes,

extension.

80 Stat. 65.
26 use 4061.

Effective date,

JOINT RESOLUTION
To continue for a temporary period the 7 percent excise tax rate on automobiles
and the 10 percent excise tax rate on communication services.

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, Tha.t (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":
(1) Section 406l(a) (2) (rela.ting 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".
(b) The amendments made by subsection (a) shall take effect as of
March 31, 1968.
Approved April 12, 1968.

Public Law 90-286
April 12, 1968
[H. J, Res. 1229]

Urgent supplemental appropriation, 1968,

JOINT RESOLUTION
l\Iaking a supplemental a11propriatio11 for the fiscal year ending June 30, 1968,
and for other purposes.

Resolved by the Senate and House of Representatives of the United
States of Am,erica in Congress Assembled, That the following sum is
appropriated out of any money in the Treasury not otherwise appropriated, to supply a supplemental appropriation for the fiscal year
ending .June 30, 1968, and :for other purposes, namely :
DEPARTMENT OF LABOR
BUREAU OF EMPLOYMENT SECURITY

For an additional amount for "unemployment compensation for
Federal employees and ex-servicemen", $28,000,000.
Approved April 12, 1968.

Full text of Civil Rights Act of 1968

FRASER