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PUBLIC LAW 90-274-MAR. 27, 1968

^^fKffV!!!'^^''""'

prohibition.

Records or papers, nondis

crcTrure.

"°

Penalty.

biuryforVTir^ period. ^^^

[82 STAT.

fBirjEqmi lebim'i o) aid td digltlis^ the indibtment or stay the proceedings on the ^ o u n d of substantial failure to comply with the provisions of this title in selecting the ^rand or petit jury. "(c) In civil cases, before the voir dire examination begins, or within seven days after the party discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, any party may move to stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the petit jury. " (d) Upon motion filed under subsection (a), (b), or (c) of this section, containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this title, the moving party shall be entitled to present in support of such motion the testimony of the jury commission or clerk, if available, any relevant records ana papers not public or otherwise available used by the jury commissioner or clerk, and any other relevant evidence. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the grand jury, the court shall stay the proceedings pending the selection of a grand jury in conformity with this title or dismiss the indictment, whichever is appropriate. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the petit jury, the court shall stay the proceedings pending the selection of a petit jury in conformity with this title. ! "(e) The procedures prescribed by this section shall be the exclusive « means by which a person accused of a Federal crime, the Attorney General of the United States or a party in a civil case may challenge any jury on the ground that such jury was not selected in conformity '^T^^^ the provisions of this title. Nothing in this section shall preclude any person or the United States from pursuing any other remedy, civil or criminal, which may be available for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin or economic status in the selection of persons for service on grand or petit juries. " (f) The contents of records or papers used by the jury commission or clerk in connection with the jury selection process shall not be disclosed, except pursuant to the district court plan or as may be necessary in the preparation or presentation of a motion under subsection (a), (b), or (c) of this section, until after the master jury wheel has been emptied and refilled pursuant to section 1863(b)(4) of this title arid all persons selected to serve as jurors before the master wheel was emptied have completed such service. The parties in a, case shall be allowed to inspect, reproduce, and copy such records or papers at all reasonable times during the preparation and pendency of such a motion. Ally person who discloses the contents of any record or paper in violation of this subsection may be fined not more than $1,000 or imprisoned not more than one year, or both. s I - i f«I /1 »" "§1868. Maintenance and inspection of records  m-rsn mdYr/r "After the m a s t e r j u r y w l i e e l i s emptied and refilled pursuant to section 1863(b)(4) of this title, and after all persons selected to serve as jurors before the master wheel was emptied have completed such service, all records and papers compiled and maintained by the jury commission or clerk before the master wheel was emptied shall be preserved in the custody of the clerk for four years or for such longer period as may be ordered by a court, and shall be available for public inspection for the purpose of determining the validity of the selection ofanyjury. •

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PUBLIC LAW90-274-MAR. 27, 1968'

^1

"§1869. Definitions ^ . ^ "For purposes of this chaptet*— ' ^ inoni jiio ^t(a) 'clerk' and 'clerk of the court' shall mean the clerk of the y^ district court of the United States or any authorized deputy bni^(Vjgj^.;i7 j(> «itt>i«ivt.)'iq yiij dj«;// jiiyj8!?^iKi':>iii. >j<>irlaiJjjin • bfii " (b)?^6M!ef^fiidge^fMlifii%A^«M i & ^ f J u ^ f e ' Q f feity district ^ ' ' court of ih^ United States; >'" "^^^ •'i'>''«»I TO IS "(c) 'voter registration lists' shtVil'^ltt^riti the official records maintained by State or local election officials of persons registered to vote in either the most recent State or the most recent Federal general election, or, in the case of a State or political subdivision thereof that does not require registration as a prerequisite to voting, other official lists of persons qualified to vote in such election. The term shall also include the list of eligible voters maintained 1965 where the names on such list have not been included on the \\ y^^' ^^'^^ official registration lists or other official lists maintained by the note. appropriate State or local officials. With respect to the districts ,. of Guam and the Virgin Islands, 'voter registration lists' shall '^" m«an the official records iifiaintained by territorial election officials of persons registered to vBpinlthe most recent territorial general r.:^ection; '/^'^^ '^'• recent Federal general election;'^^^^^;;^; f ^f'""^^J^|^'^^^"! _ "(e) 'division'shall mean: (1)'one or more Ma^ut6'r^ n of a judicial district; or (2) in statutory divisions that contain more than one place of holding court, or in Judicial districts where there are no statutory divisions, such counties, parishes, or similar " " political subdivisions surroundihg the places where court is held ^ as the district court plan shall determine: Provided, That each }:[] county, parish, or similar political subdivision shall be included in some such division; " (f) 'district court of the United States', 'district court', and 'court' shall mean courts constituted under chapter 5 of title 28, f^ United States Code, section 22 of the Organic Act of Guam, as ^^ ^^TCI]\A.A "'
 * by any Federal examiner pursuant to the Voting Rights Act of
 * '!i* i"(d) 'lists of actual voters' shall mean the official lists of per* ' sbhs actually voting in either the, most rficent State or the most
 * '•' amended (64 Stat. 389; 48 U.S.C. 1424), section 21 of the Revised

^^' Organic Act of the Virgin Islands (68 Stat. 606; 48 U.S.C. 1611), and section 1 of title 3, Canal Zone Code: Provided, That for 76Astat. 51. purposes of sections 1861, 1862, 1866 (c) and (d), and 1867 of this 4, chapter, these terms shall include the District of Columbia Court of General Sessions ai^i^ i^j1}<!.,"(^) 'juror qualification f o n n ' s h a l l mean a forin prescribed "by the Administrative Office of the United States Courts and approved by the Judicial Conference of the United States, which shall elicit the name, address, age, education, length of residence within the judicial district, distance from residence to place of holding court, prior jury service, and citizenship of a potential juror, and whether he should be excused or exempted from jury^ service, has any physical or mental infirmity impairing his capac^ ity to serve as juror, is able to read, write, speak and understand the English language, has pending against him any charge for the commission of a State or Federal criminal offense punishable by imprisonment for more than one year, or has been convicted in

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PUBLIC LAW 90-274-MAR. 27, 1968

[82 STAT.

any State or Federal court of record of a crime punishable by imprisonment for more than one year and has not had his civil rights restored by pardon or amnesty. The form shall request, but not require, the race and occupation of a potential juror and any other matter not inconsistent with the provisions of this title and required by the district court plan in the interests of the sound administration of justice. The form also shall elicit the sworn statement that his responses are true to the best of his knowledge. Notarization shall not be required. The form shall contain words clearly informing the person that the furnishing of any information with respect to his race, color, religion, national origin, economic status, or occupation is not a prerequisite to his qualification for jury service, and that such information need not be furnished if the person finds it objectionable to do so; " (i) 'public officer' shall mean a person who is either elected to public office or who is directly appointed by a person elected to public office." FEES 79 Stat. 645-

70 Stat. 798.

SEC. 102. (a) Section 1871 of title 28, United States Code, is amended by substituting "$20" for "$10" and "$25" for "$14" in the second paragraph, "$16" for "$10" in the third paragraph, and "$20" for "$10" in the fourth paragraph, and by substituting in the third paragraph "10 cents per mile, plus the amount expended for tolls, for toll roads, for toll tunnels, and for toll bridges" for "10 cents per mile" in the two instances such language occurs, and by adding at the end of that section a new paragraph as follows: "Grand and petit jurors in the district courts for the districts of Guam and the Canal Zone shall receive the same fees and allowances provided in this section for grand and petit jurors in other district courts of the United States." (b) Section 1821 of title 28, United States Code, is amended by substituting "$20" for "$4", "10 cents" for "8 cents", and "$16" for "$8", and by adding at the end of that section a new paragraph as follows: "Witnesses in the district courts for the districts of Canal Zone, Guam, and the Virgin Islands shall receive the same fees and allowances provided in this section for witnesses in other district courts of the United States." AMENDMENT AND REPEAL

77 Stat. 517, 505. 65 Stat. 126. 77 Stat. 507.

SEC. 103. (a) Sections 13-701, 11-2301 through 11-2305 (except the last paragraph of section 11-2302), 11-2307 through 11-2312 of the District of Columbia Code, and section 2 of the Act entitled "An Act to increase the fee of jurors in condemnation proceedings instituted by the District of Columbia", approved July 30, 1951 (D.C. Code, sec. 7-213a), are repealed. (b) Section 11-2306 of the District of Columbia Code is amended to read as follows: "§ 11-2306. Manner of drawing " (a) If the United States attorney for the District of Columbia certifies in writing to the chief judge of the district court, or, in his absence, to the presiding judge, that the exigencies of the public service require it, the judge may, in his discretion, order an additional grand jury summoned, which shall be drawn at such time as he d e s i ^ a t e s. Unless sooner discharged by order of the chief judge, or, in his absence, the presiding judge, the additional grand jury shall serve until the end of the term in and for which it is drawn.

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 82 STAT. ]

PUBLIC LAW 90-274-MAR. 27, 1968

63

" (b) The jury commission for the United States District Court for the District of Columbia shall draw from the qualified jury wheel from time to time as may be required the names of persons to serve as jurors in the District of Columbia Court of General Sessions and the juvenile court of the District of Columbia, and such persons shall be assigned to jury panels in the Court of General Sessions and the juvenile court as those courts shall direct." (c) Section 1608(j) of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 7-318), is amended by deleting the following: "and five dollars per day for each juror for the services of each when actually employed". (d) Section 16-1312 of the District of Columbia Code is amended by substituting "section 1865 of title 28, United States Code" for "Section 11-2301, and who, in addition, are owners of real property in the District" in subsection (a)(1), and by substituting "chapter 121 of title 28, United States Code" for "chapter 23 of title 11" in subsection

H-

.

.

.

.

33 Stat. 736. 7? Stat. 572.

(e) Section 16-1357 of the District of Columbia Code is amended by striking out the phrase "are real property owners in the District and". (f) Section 213 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-1414), is amended by inserting the words "or wheel" immedi- ^^ Stat. seo. ately following the word "box" each time it appears therein. (g) Section 44 of the Act of March 2, 1917, to provide a civil govern- Repeals, ment for Puerto Rico (39 Stat. 966; 48 U.S.C. 867) and sections 471 and 472(b) of title 3, sections 452, 453, and 2562(a) of title 5, and sections 308, 3 7 3, 516. 76A Stat. (59, 4093 through 4106 and 4108 through 4117 of title 6, Canal Zone Code, ^"^ are repealed. Subsection (b) of section 2562 of title 5, Canal Zone Code, is redesignated as subsection (a) and amended by substituting "$10" for "$2" and "section 1821, title 28, United States Code" for "subsection (a) of this section". Subsections (c) and (d) of section 2562 of title 5, Canal Zone Code, are redesignated as subsections (b) and (c) thereof. EFFECTIVE DATE

SEC. 104. This Act shall become effective two hundred and seventy days after the date of enactment: Provided, That this Act shall not apply in any case in which an indictment has been returned or petit jury empaneled prior to such effective date. Approved March 27, 1968.

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Page:United States Statutes at Large Volume 82.djvu/106

 March 28, 1968 [H. R. 12555]

Veterans pensions.

Income limitations.

81 Stat. 179.

To Amend Title 38 of the United States Code to liberalize the provsions relating to payment of pension and for other purposes.

Be enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the table in subsection (b) of section 521 of title 38, United States Code, is amended to appear as follows:


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 82 STAT. ]

PUBLIC LAW 90-275-MAR. 28, 1968

65

(b) The table in subsection (c) of such section 521 is amended to ie: appear as follows Column II

Column III

Column IV

One dependent

Two dependents

Three or more dependents

$120 118 116 114 112 109 107 105 103 101 99 96 93 90 87 84 81 78 75 72 69 66 62 58 54 50 42 34

"Column I

$125 123 121 119 117 114 107 105 103 101 99 96 93 90 87 84 81 78 75 72 69 66 62 58 54 50 42 34

$130 128 126 124 122 119 107 105 103 101 99 96 93 90 87 84 81 78 75 72 69 66 62 58 54 50 42 34".

Annual income More than—

but

Equal to or less thaia— $500 600 700 800 900 1,000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2, 100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3, 100 3, 200

$500 600 700 800 900 1,000 1, 100 1,200 1,300 1,400 1,500 1, 600 1,700 1,800 1,900 2,000 2, 100 2,200 2,300 2, 400 2, 500 2,600 2,700 2, 800 2,900 3,000 3, 100

(c) The table in subsection (b) of section 541 of title 38, United States Code, is amended to appear as follows: "Column I

Column II

Annual income More than—

$300 400 500 600 700 800 900 1, 000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900

but

veterans with

dependents. !1 Stat. 179.

E q u a l to or less than — $300 400 500 600 700 800 900 1,000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000

$74 73 72 70 67 64 61 58 55 51 48 45 41 37 33 29 23 17".

Widows.

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Page:United States Statutes at Large Volume 82.djvu/108

 66 Widow with one

81 Stat. 180.

PUBLIC LAW 90-275-MAR. 28, 1968

[82 STAT.

(d) The table in subsection (c) of such section 541, is amended to appear as follows "Column I

Column II

Annual income More than—

but

Equal to or less than— $600 700 800 900 1,000 1, 100 1,200 1,300 1.400 1,500 1,600 1,700 1,800 1,900 2,000 2, 100 2,200 2,300 2,400 2, 500 2,600 2,700 2,800 2,900 3,000 3,100 3,200

$600 700 800 900 1,000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2, 100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3, 100 One parent. 80 Stat. 1157.

$90 89 88 87 86 85 83 81 79 77 75 73 71 69 67 65 63 61 59 57 55 53 51 48 45 43 41"

SEC. 2. (a) The table in subsection (b)(1) of section 415 of title 38, United States Code, is amended to appear as follows: "Column I

Column II

Total annual income More than—

$800 900 1,000 1,100 1,200 1,300 1,400 1,600 1,600 1,700 1,800 1,900

but

Equal to or leas than— $800 900 1,000 1,100 1,200 1,800 1,400 1,500 1,600 1,700 1,800 1,900 2,000

$87 81 75 69 62 54 46 38 31 25 18 12 10".

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PUBLIC LAW 90-275-MAR. 28, 1968

67

e i (b) The table in subsection (c) of such section 415 is amended to p^^e^^"'^** appear as follows: 80 Stat. 1157. "Column I

Column II

To t a l annual income More than—

but

E q u a l to or less than — $800 900 1,000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000

$800 900 1,000 1, 100 1,200 1, 300 1,400 1,500 1,600 1,700 1,800 1,900

$58 54 50 46 41 35 29 23 20 16 12 11 10".

(c) The table in subsection (d) of such section 415 is amended to appear as follows:

Two parents.

Column II

"Column I To t a l combined annual income More than—

$1, 000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1, 800 1,900 2,000 2, 100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3, 100

but

E q u a l to or less than — $1, 000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3, 100 3,200

$58 56 54 52 49 46 44 42 40 38 35 33 31 29 26 23 21 19 17 15 12 11 10".

SEC. 3. (a) If the monthly rate of pension or dependency and indemnity compensation payable to a person under title 38, United States Code, would be less, solely as a result of an increase in monthly insurance benefits provided by the Social Security Amendments of 1967, than the monthly rate payable for the month immediately preceding the effective date of this Act, the Administrator of Veterans' Affairs shall pay the person as follows:

81 Stat. 821. 42 USC 302 note. Monthly pension rate provisions.

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 68

PUBLIC LAW 90-276-MAR. 28, 1968

81 Stat. 8 2 1. 42 USC 302 note. Limitations increase. 73 Stat. 436. 38 USC 521 note. 72 Stat. 1227; 76 Stat. 949; 80 Stat. 1159Effective dates.

(1) for the balance of calendar year 1968 and during calendar year 1969, at the prior monthly rate; (2) during the calendar year 1970, at the rate for the next $100 annual income limitation higher than the maximum annual income limitation corresponding to the prior monthly rate; and (3) during each successive calendar year, at the rate for the next $100 annual income limitation higher than the one applied for the preceding year, until the rate corresponding to actual countable income is reached. (b) Subsection (a) shall not apply for any period during which annual income of such person, exclusive of an increase in monthly insurance benefits provided by the Social Security Amendments of 1967, exceeds the amount of annual income upon which was based the pension or dependency and indemnity compensation payable to the person immediately prior to receipt of the increase. SEC. 4. The annual income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 hereafter shall be $1,600 and $2,900, instead of $1,400 and $2,700, respectively. SEC. 5. Paragraph (4) of section 8012(b) of title 38, United States Code, is amended to read as follows: "(4) by reason of change in income or corpus of estate shall be the last day of the calendar year in which the change occurred;" SEC. 6. (a) The first section and sections 2 and 4 of this Act shall take effect on January 1, 1969. (b) Sections 3 and 5 of this Act shall take effect on the first day of the first calendar month following the month of initial payment of increases jn monthly insurance benefits provided by the Social Security Amendments of 1967. Approved March 28, 1968. j

Public Law 90-27#e March 28, 1968 [S. 793]

Alabama Space Science Exhibit eommission. eonveyance.

.X£8. J B i a 18

see 33U £^ .9ton joiBneq ylrltrtoM fr.noi Eivoiq 9iBi

[82 STAT

(H,

00,1 '^

itCT

000

To provide for the Conveyance of certain real property of the United States to i the Alabama Space Science Exhibit Commission. I

Be it enacted hyi the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to section 3 of this Act^ the Secretary of the Army is authorized to convey without monetary consideration to the Alabama Space Sciendie Exhibit Commission (an agency of the State of Alabama) ^11 right, title, and interest of the United States in and to the real property d^cribed in section 2 of this Apt for use as a permanent site for the Alabama Space Science Exhibit. SEC. 2. The real property referred to in the firet section of this Act is generally describied as follows: A certain tract bi parcel of land containing 35.69 acres, more or less, lying and being iii the north west, portion of Redstone Arsenal, in the north half of section 8, township 4 south, range 1 west, Huntsville meridian, Madison County, Alabama, lying south of the centerline of I Bob "VVallax^e Avenue, southeasterly of the southern right-of-way line >of Alabama Highway 20, and iiortherly of a TVA power transn^i§si9n line. The exact description of which is fo be determii^jE^jb^jf)^,»^firf^e jSurvey and approved by the Secret^iry of the Army.; >...r ojiicvn^-ui ^'.j.jj$EC. 3. The conveyance provided for by the first section j^lifliiJ^j-j^^t

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Page:United States Statutes at Large Volume 82.djvu/111

 82rSTAirS55]

PlBffiJICOEM/90-27a.-MAR4 30,) 198814

69T

shall be used by the State of Alabama as a permanent site for an^^lfjj-f i bama Space Science Exhibit to,display suitable public exhibits of United States weaponry and allied'subjects, developments of the '^'^^U'^'VH-'^'^ Jf^tidhai^ Mtb^kuticS' arid' Space Administmti'dii; 'iM'spli^e-di^6iitedHl^^^J— exhibits of other United States Government departments, agencies, and, instrumentalities and if such property is not used for such purpose, all right, title, and interest in and to such real property shall revert to^ nnibni ooaoUriD th'6 United States, which shall have the right of immediate entry 1^ abnBiJoorioa .B1>IO thereon, and to such other conditions as the Secretary of the Army may oneyovnoD ^escribe to protect the interest of the United §t^f^.^f^y^^. ^^j^ \^^ aiiliiujH
 * biii'A 9dj 'to If^o') fiurrorio yiit,')T)Ji •i'^ii{

Public Law 90-277 .. ^

XAWIJIMM XAUIXI „ J P I N T RE.SqL,UTIOr^.,...,,,,.

March 29, 1968

To provide for the designation of the second week of May of 1968 as "National /P)(r«;iil) >.vMVuni 1M^.^pM^%fetPat^o|,l^eefc'',; ^^ ^£ ^jol M doij-jsB •lyl'IiiiH) jr:j;'>|[jl!':'.- ,;• i!>i in -)'t;:t{ ',u(l 1).^;: -,;;::.: ^fti;')Jtuo;-: "^'ri! •-• '

[s. j. Res. 72]

Stq^m tt/ ^4.mevM<^aMi^ongrm<^se^hh^^^^ Uie second, week of May, sJ?rty°Patroi*°°^ of 1968 is h e r e % designated as "National School Safety Patrol Week" week!^ and the. P r e ^ i ^ e n t iis^reqiStjedrtQ iS^W!©

Proclamation.

people of the United States for the observance of j§ui|h.^.;:week;)^^tJ?^, af^prQpri#te.pro(^dA«gsa#d'<?ei^BQiiie^.)-)Z9) khan I 8io! Tl iioitos^ •i'j4|»^©v«iid)Maocdi;i29»id9t68-a)') f«j;y[{nofi 9x1) 'to iltjfOH Bboi 08 jnioq J5 O'xioffi;ni!if>rioni nidLixtl,te/;9 £ 9t>njn.fij'ioii Ok qiilanT/oi;TI noibss o\t[U; a'xiyfl),iii'i(»n <^bo'i Irk 9')fi9i{l.VA'yif ahin }\fc;S 9;>fi9f[t,ihiMH aboi i^k Ptfl[)15fefL4%*9^-^?^^^^'^^' *'?4"i^'^fhioa^^fnimi^9d ^o tnioq oi t:-iJ59 abo'i -ijjffp j^jj'illtiiOHlliiil t8K9 hiiii /i9ri{:[nyH/!')([rit)!i 'iatiitr/p teuoflJuoa f9vi>! ' AN ACT

.^M-OJi £,f:f C -'F>i March 30, 1968

T^,.^etei^i^i^e. tbue, respes?tiye,jrigl\ts, s^nd.fnt^ri^st^^^tli^iQoufederated Tribes of ^me Colvule Bt^^rvationand'me Yakim,a TriJ^sQt Indians of the Xakima 'denervation and their tbiistituteht tribal giroupg itraiiti To^'jud^h^fehl ftliid Wi^i ^deposit in the Treasury of the United States, aM|fo*^4*ttWPl>tfrSe5.<' J'^fi !<•) eoiiHii'

• rifii,r:h^ri (Ji; i i r i o n - r H f j / l t ^ n /; s; r '; ' • -

^^-^^^^^

• ' ' ^ • 1.I^^iss

tf^* 'it enacted by tkSmm^^kd'^&mb^dfm^¥mentatives o/iM^^ W'iiited 'States of Ame¥ic<i'i^^^^^ Tud'^"^' era ted Tribes of the Colville Reservation, acting through the chairman right s^"*^"* of its business ec^uticil^ and th^ Yakitos^ iTribes of Indians of the Yakima Rffeervatidn; a^tin^ throbgh the chaiWlian of its tribal council, for and; on behalf of said tribes and each and all their constituent tribal groujis',' ai^ each hereby authorized to commence or defend in the United States Oourt of Claims an action against each other making claims to a share(' in* *hel funds that are on deposit in the Treasury of the United Stat^M' to pay a judgment of the Indian Claims Commission dated April d,^' 1965, in dockets MMbered 161, 222, and 224, and the interest oh said funds; and jurisdiction is hereby conferred upon said court to hear su<^h' claims and to render j udgment and decree theredri making shdRI * divisiontbf Ueh ^unds and the interest on such fundsj as may be jusfc' and fair in law and equity, between the Confederated Tribes of'tM^ Gblyilie Breservation and its constituent tribal groups on the one hand, and the Yakiina Tribes of Indians of the Yakima Reservation and itk'' c(M^tituiE^ntti4baI'gixMips6hth6k>tl^ ' Utoa,I:L; au\SEC. 2. Any part of such funds that may be distributed'pi^'capita "^^^ exemptions. to'^fchie'members of the tribes shall not be subject to Federal or State -Apptbv^d lilarch 30, 1968.

t>ra9Siiniim ^^u m

fmrnm^e-i

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 70

PUBLIC LAW 90-279-MAR. 30, 1968

[82 S TAT.

Public Law 90-279 March 30, 1968 [H.R. 536]

AN ACT To convey certain Chilocco Indian School lands a t Chilocco, Oklahoma, to the Cherokee Nation.

Be it enacted by the Senate and House of Representatives of the scho^\°i^rnd^"'^'^" C'Vt/^ec? States of America in Congress assembled, That all the right, okia? ^" ^' title, and interest of the United States in 2,667.94 acres, more or less. Conveyance. of the following described land, which has been determined to be surplus to the needs of the Chilocco Indian School, are hereby conveyed to the Cherokee Nation upon payment therefor at the rate of $3.75 per acre, the original cost of the land: INDIAN MERIDIAN TOWNSHIP 2 9 NORTH, RANGE 2 EAST

Section 13, lots 1, 2, 5, 6, and 7, southwest quarter northeast quarter, west half southeast quarter; and the parts of lot 3, southeast quarter northwest quarter, and east half southwest quarter lying east of the east right-of-way line of the Atchison, Topeka and Santa ]Fe Railroad, 339.53 acres. Section 16, lots 3 and 4, south half northwest quarter, and southwest quarter, 313.85 acres. Section 17, lots 1 and 2 (except that part described as "Beginning at a point 39 rods south of the northeast comer of the northeast quarter section 17; township 29 north, range 2 east, Indian meridian; thence 24 rods south, thence 331/3 rods west, thence 24 rods north, thence 331/^ rods east to point of beginning, containing 5 acres"), lots 5 to 7, inclusive, southeast quarter northeast quarter, and east half southeast quarter, 313.62 acres. Section 20, lots 1 and 2 and east half northeast quarter (except that part described as "Beginning at a point 67 rods north of southeast corner of the northeast quarter section 20, township 29 north, range 2 east, Indian meridian, thence north 20 rods, thence west 50 rods, thence south 10 rods, thence east 20 rods, thence south 10 rods, thence east 30 rods to point of beginning, containing 5 acres*'), lots 3 and 4, and east half southeast quarter, 316.36 acres. Section 21, those parts of the northwest quarter and southwest quarter lying west of the west right-of-way line of the S.L, & S.F. Railroad, 150.26 acres. Section 24, lots 1 to 4, inclusive, west half northeast quarter, west half southeast quarter, and those parts of the east half northwest quarter and southwest quarter lying east of the east right-of-way line of the Atchison, Topeka and Santa Fe Railroad, 398.39 acres. Section 25, lots 1 to 7, inclusive, west half northeast quarter, northwest quarter southeast quarter, and those parts of the northwest quarter and north half southwest quarter lying east of the east rightof-way line of the Atchison, Topeka and Santa F e Railroad, 583.25 acres. Section 26, that part of lot 1 lying east of the east right-of-way line of the Atchison, Topeka and Santa F e Railroad, 12.68 acres. Section 29, north half southeast quarter and northeast quarter, 240.00 acres. SEC. 2. The title of the Cherokee Nation to the land conveyed pursuant to this Act shall be subject to no exemption from taxation or restriction on use, management, or disposition because of Indian ownership.

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 82 STAT.]

71

PUBLIC LAW 90-281-APR. 5, 1968

SEC. 3. This conveyance is subject to existing rights-of-way for waterlines, electric transmission lines, roads, and railroads. SEC. 4. The Indian Claims Commission is directed to determine, in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act, less the payment of $3.75 per acre as provided in section 1, should or should not be set off against any claim against the United States determined by the Commission. Approved March 30, 1968.

Rights-of-way. Claim value, determination. 25 USC 70a.

Public Law 90-280 AN ACT Relating to Federal support of education of Indian students in sectarian institutions of higher education.

March 30, 1968 [S. 876]

Be it enacted by the Senate and House of Representatives of the Indians. United States of America in Congress assembled, That the following Student educaprovision of section 21, Act of March 2, 1917 (39 Stat. 969, 988; 25 tion. U.S.C. 278), is repealed: "And it is hereby declared to be the settled policy of the Government to hereafter make no appropriation whatever out of the Treasury of the United States for education of Indian children in any sectarian school." SEC. 2. Funds hereafter appropriated to the Secretary of the Interior for the education of Indian children shall not be used for the education of such children in elementary and secondary education programs in sectarian schools. This prohibition shall not apply to the education of Indians in accredited institutions of higher education and in other accredited schools offering vocational and teclinical training, but no scholarship aid provided for an Indian student shall require him to attend an institution or school that is not of his own free choice," and such aid shall be, to the extent consistent with sound administration, extended to the student individually rather than to the institution or school. Approved March 30, 1968.

Public Law 90-281 JOINT RESOLUTION To proclaim National Jewish Hospital Save Your Breath Month.

April 5, 1968 [H. J. R e s. 933]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in response to the Hrs^*'°T^ Jewish growing national concern occasioned by the increase of chronic res- YourBreath^^ pirator^ disease and in recognition of the accomplishments of medical ^°^l]^science in the detection and control of such disease, the President of Proclamation. the United States is hereby authorized and requested to issue a proclamation (1) designating April 1968 as National Jewish Hospital Save Your Breath Month, and (2) emphasizing the major public health problem presented by chronic respiratory disease, and calling upon the people of the United States to observe appropriate medical safeguards for their own respiratory health and that of their families. Approved April 5, 1968.

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 )'^-382 «^"Sizo oj:kniidm ai 8oni;'>(9Yxxoo 8nil.o.oac5 ••.^r^3.^ffi^.,.hT^jes^g^^tlf^ «^W8Us Iron Works Nationui Hi.storic Sit^|^^,;^e,^§tft^^. Tj fi-i /Massachusetts, and lor other, purposes,,;.A\r:-.i^^^ sOT oau es; r Saugus Iron Works National

Hrsroric'sue','" ^^^^-

\Mhin^^W:^H^iM <Ma House of Representatives of the, ^"^^^^^'^if^^^^ of^me7^a indongress asseniblid^ That in order toj preseFve in public ownership the first sustained integrated ironworks' in the Thirteen Colonies, the Secretary of the Inferior may acquir^ by donation, purchase with donated or appropriated funds, or otherwise, lands and interests in lands within the boundaries of the area generally depicted on drawing numbered NHS-SI-7100B, entitled "Propodedl Saugus Iron Works National Hi9^9ri^,Site", dated May 1967, which is

Historic Site. SEC, 2. The Secretary,,shall -administ^;" the, Saugi^,, JJ^QJI Yoidcs JSfational jlistoric Site in accordance witl^ i^|ie.Ac|;r^i^rm^^^^^ 16 USC iM.,t uf 1916 (39 Sfet. 535), as a m ^ d c d Mi^^.sj^^^ (39 s^at. 535), as amended wi4o%lipl€?ne}}J^^,,aif^ '^^J^^ 16 wsG 46,,6rr^^^ 16 USC 46i-46'P.'a^p,^j.^^g(j^yg^^gj.2i^1935 (49 Stat. 666)v / y. •b9!x-9(m 'A m<^ 0 8 U Appropriation. . SEC. 3. There are ^uthorized to be a p p ^ i 9 p y ^ f g. | 4 Q ( J ^ ^ | ^ ^; p ^ o^^itt^?^P»j;i>P!^^^,*J^;^9W cau.^r'. bsHiu) Bib lo Tiu^i^'nT 9x[t \o JJ/O Approved April 5, 1968. ".fooxl^a HHVUMO^^ xnn lu xmb 9xfl \o '>^"ixxl9'{098 9x1) oi b9ixirxqo'iq(p} •x9lijf}9'X9x[ abxrrf5.£;.rxifi 9([l Tot: b9a!f 9d toxi [[JJXIB xi9'iblxxfj xi/sibxtl \o xroilxjorrbe Qih "jol 'xori9*xiI PUyi¥c^L%^W^fe83^^' ^^^^' '^ixiixx9nx9l9 xii fi9*ib[ifh) xfona \o xioitxr)ixb9 9(11 ot vuftf/i loiiTIiafe xioitkfixkyKieiflT.^[ooffoa xtxji'xubga xii 8XxiX!-i:L>o*iq April 10, 1968 bfUi rioil»rirf])9 'foxt-ofxi \o Hrfor]HlTra'frrhnii)9'xo')(! rrr affii/bfil \o /iorti;-)Lrb9 [S-2029] To,amend the Xationrit Traffic and Motor Vehicle Safety Ai-t of 1966 relating to, the applu-ation of t-ertain standards to luotor vehicles produced in (luantities; of less thai! live hundj-ed, . '; i" '  ' 7. -: / ' ' ., • 9':)ioir9 es-ii una 'aid io ioxiftiinili loofl'jg 'lo iiortixlxtHKf xrx; pxi9JJxj ot xnxxi Motor vehicles. mUM mhMr (^ lWi^'MBh}% Vong) ardf e l e m S. National Traffic and Motor Vehicle Safetj^ Act of, 1966 is a m e t f ^ ^ ^ W 80 stajt^. 718. adding at the end thereof the following new sedtix^h: ' ' '^'' novoiqq / 15 USC 1391 ,. TTo^,,n, "SEC. 123. (a) Upon application made by a manufacturer at such 1409 time, in such manner, and containing such information as the Secretary shall prescribe, he shall temporarily exempt a limited,^|).rO!ductip^i jniotic^rl vehicle from any motor vehicle safety standard established under this 'Kt^le^^ 'r.H] *itl^ if he.fipds, that; compliance would cause such.jnan|ifacturer sub___ll—_-__ ^ stantial ^daiioiHJ>:>)0 iny-juo-j uH^num oiuwoio .noiJBOTBlooi'-J i - ' (b) The Secretary s h i i l l ' i - « ^ i t e, ^ y M ^ M n t t e t ' l i ^ l ^ ^ d i ^ iMate, the notification of the dealer and of the first purchaser of a limited production niotor vehicle (hpt incltiding the dealer of suclt nianufacturer) that such Vehicle lias OTeri'^xefeipted froin certain motor vehicle safety standards, and the standards from which it is exempted.* "Limited pro^ " (c) For tile purposes of this section 'limited production motor vehic°e.'^°'°'^ vehicle' means a motor vehicle; produced by a manufacturer whose t6tal motor vehicle production^ as deterhiinied by tlife Secretary, does not exceed five hundred annually. ..... ,, " (d) The authority of the Secretary und#mis's^licfti ^K'all terminate three years after the date of enactment of this section, and no Administration.

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PUBLIC LAW 90-284-APR. 11, 1968

73

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

Public Law 90-284

'' ' ' AN ACT

April 11, 1968

To prescribe peixalties for certain acts of violence or intimidation, and for other —L_:—;—:—L. purposes. OFjvrrl •/lift 'ic>

Be it enacted by the Senate and House of RepreHentathes United States of America In Congress assembled,

of the '^^'^" rights.

TITLE I—INTERFERENCE WITH FEDERALLY u PROTECTED ACTIVITIES h SEC. 101. (a) That chapter 13, civil rights, title 18, United States Code, is amended by inserting immediately at the end thereof the following 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 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. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or the Deputy Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary ^<,Jo secure substantial justice, which func^ioi^of certification may hot be n^\<. ' ^ d e l e g a t e d.

.Q^j'^ ^, S ^-^^

62 Stat. 696. 18 USC 241-244.

• ^ j i l '; - ; a u u /., /; •. • !.>>J..l, ^; u / ^ i O

'

"(2) Nothing in this subsection s M W m H I r u y ^ ^ T M l t the authority of Federal officers, or a Federal grand jury, to investigate 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*,,inteyfej^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( ft"^g or qualifying to vote, qualifying or bampaign' ing a^ a candidate for elective office, or qualifying or acting as 1 •hm\' i'^ PJl watcher, or any legally authorized election official, i n i •;o -T)!/; f a^i^ primary, special, or general eleqti,oii^., ^^.^ ^^^^^_,, r -^ fioftlin: •=?i^P) participating in or e i i i ( n r i p ^; 9 p,; M M ^ lo vth Pri^ilf^vP^^^am,iacili||^,,oi^^f^\^,p^fi^ {L^{i) Jt^ped by the united States;?, _:•, ^ ,i, > V ^ 'fo ^('i)(S) 1i(^) applying for or enjoying employment, or any per.„ J j{t:,^(^wp^ quj^ite thereof, by any agency of the United States;, " (P) serving, or attending upon any court in connection 9no niufi ^^'^^^ possible service, as a grand or petit juror in any court, jgf .yjiansq fffji[jg'j[Of;jth^ United States; , ^,^' i(ix5oh Vi bisj",^-^) participating in or enjoying the benefits of any pp^/Ail-ir't "k^^^ G r activity receiving Federal financial assistance; Qr „,j •ro fh.. "(2) any person because of his race, coJ/;ij^;^'.!^'^ip|i',pr^^^^ an-j;',• niast To vir.?PW-fVh4,^9^}f^ J ^ M ^ ^ t e Vfim—i<.n i{«ri^ 'Y[dm9.8K liiloo/syq '
 * '. Ylcfmsa

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 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, privilege, program, facility or activity provided or administered f ^ by any State or subdivision thereof; " (C) applying for or enjoying employment, or any perquisite 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 com1 / merce, or using any vehicle, terminal, or facility of any coml 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 public and which is principally engaged in selling food or Ibeverages 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 establishment 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, 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 intimidate 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 opportunity or protection 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), o r participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate— Penalty. 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"-'^^ ^^^^ ^'^ ^^^^ section, the tcrm 'participating lawfully in speech or or peaceful aspeaccful assembly' shall not mean the aiding, abetting, or inciting of sembly."
 * shall be fined not more than $1,000, or imprisoned not more than one

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 82 STAT. ]

PUBLIC LAW 90-284-APR. 11, 1968

75

other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this 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 violation 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 subdivision of a State. For purposes of the preceding sentence, the term mem oTfic"?" * 'law enforcement officer' means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State." (b) Nothing contained in this section shall apply to or affect activities under title V l II 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 Guard, as defined in section 101(9) of title 10,1"^nited States Code, members of 70A Stat. 4. the organized militia of any State or the District of Columbia, not covered by such section 101(9), or members of the Armed Forces of the United StateSj who are engaged in suppressing a riot or civil disturbance 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 •garnit rijhu of following: "^i^o"^'' "They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any v rm of years or for life."' 7 (b) Section 242 of title 18, tjnited States Code, is amended by strik- Deprivation of ing out the period at the end thereof and adding the following: "; and '^ *' if death results shall be subject to imprisonment for any term of years j ^ or for life." (c) Subsections (a) and (c) of section 12 of the Voting Rights Act of 1965 (79 Stat. 448, 444) are amended by striking out the words "or *2 USC 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—

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 m

PUBLIC LAW 90-284-APR. 11, 1968

Penalty.

Prosecution proceedings.

Report to Congress.

.BsiJifin'j';

YoaiiqanoO

[82

STAT.

noqii 'f^i(A) to incite a riot; or oofiiT " (B) to organize, promote, encourage, participate in, or carry -;>9f;.Qn a riot; or 'a3b'no%{C) to commit any act of violence in furtherance of a riot; or 'fQ 'ji, 'f.(D) to aid or abet any person in inciting or participating in ^fjg.) or carrying on a riot or conmiitting any act of violence in furtlier'. ance of a riot; and who either during the course of any such travel or use or thereafter performs or attempts to j^jerform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph— "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), o r (D) of paragraph (1) of subsection (a) and (1) has traveled in interstate or foreign commerce, or (2) has use of or used any facility of interstate or foreign commerce, including but not limited to, mail, telegraph, telephone, radio, or television, to communicate with or broadcast to any person or group of persons prior to such overt acts, such travel or use shall be admissible proof to establish that such defendant traveled in or used such facility of interstate or foreign commerce. "(c) A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts. " (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 hereunder 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 proceeding. "(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 objectives 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 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 law. "§2102. Definitions "(a) As used in this chapter, the term 'riot' means a public disturbance 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.

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 "(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]Lvolving advocacy of any act or acts of violence or assertion of the rigMne'^ of,'or the right to commit, any y+r\Q>).\ XhprtaVl^iof contents tof'i?^R3^ J^TTrMsMj^'i^^i^l©^g,oVi>J.^^ States Code, is amended by.^flS^r^ji^g(a^|^^)>€|:^^l9^iijgjP^lptHll%ence: <'101 • feefe'araslifatt reiMiZil^LZailJaiXOIJ-JLiaOl^^JLLl-LidT 112071" a new chapter referen(5e Ag'fbll^^:^ ^- ^-1 (T Z I

62 Stat, 684.

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)4rrrFtoptfji«««^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 TUbjett tiJithfe §«ribdikionbi'thiBX3ttit^^tttfek«tt'iCiifed^tt§^|^^^^ fSes$i%ip^H-^ei^!^ffeelf-govfelrtiing>ii!;^iiiil Tit/KH/; {^).o^miXo •adxmv^ \o '{^^^^rm,tb'iji^^\i^^^ IttdMsd^'all' gtiV-^tlf|d6fital !pk];\vel*f ipbi^essted'by M'lrtdiah:Wib^jfexdcrttlve;Ifegislativel, ai'^d - ^!u' *^"''^ ^ ^ (3) "Indian court'- meatt^J^rt5^>Iildian triH^l>^irtl6i*ki6tfi*6f"5^^ Ln ^0ffense;^4 '' M^ -MY:;?;•. srl.Hs^n;:. -iixrl Ito RtiirDo to H')^J>ui lo .^etjiir; hotifi'J offt * > HHf')ff^i-pj': j>9iy')'5'n;s! pff«;:-'¥\vii fifiifxfl,>([/:!}) h i[fiiSBbifi2QBatKio(p!n^fa 'fciribe in;.«xerickingrp©-weFS of st^lf-^otternwient shall

M\\1

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' l o Ha(»!-;i7<>Tq <,}i\] l!f(7'CIi;') n i Y'! flH^')')')! I 4'f 7l;S!i 8/;

(1) make or enforce any law prohibiting the free exercise of J 1 7 Ir^h^dri, o i Bf-id^ing IhM &ef0doj6)su|)^orte^^ by

wi l)^!i!'0'j d'Aivn ioyi^xi) tiiiM ^'^, n-;;n.;;;;!!•;;[ -H'iir-ahjKf io ffx;;(4), con¥pel> any Jl)(^i?s<3Mfin'aiiy' criMinih^easfe^t^ 'io'rf'agtgainst himself;••'•'<>'> iiin'l>ff 1 ilofrH iiiii}i7/ hotjiuiniooftywu'/jloxl-)rj8 o:>i!j8 li (5) take any privatefjp»^p^3^< loP^a/'^iiifelib^f«Siil'>i^i^OU*ifjti8t 9f[:t rrC^hipCTISS^-ORi't r- rii.iuno") SHng'fh) lijjfa jiin 1970 iioibibHiMiri r;iii( biift9'>i((i6')adeny toaniyiipeteBOiriit aeriMHai^^roceediiigsdR^^i^^h^^tfcr'-a -QRID speedy alriA public'trials t(p be informed o l t h 4 niature anid^catisd^of the accusation, to be confronted with the \\'ithesses against him^to iiuofhav© cdmp'iflsoryi procesfe^f©r '(bbfaining witnesses in hibffa^vdrj and -Hfo) •i<(^)i!(require excessive bail,; impoee' excessive iines^'inflict druel Penalty, umuaf o t ftn^ hanusual punishments, 4ndi in,nb eveiit impdsel hir tioi4victioniof '^°" ! [fijiln any one offense any penalty OP'punishMenti^eatapthawdnlp^i^^ itoKiineikt'f oiT:a!tearm of ^ x moriths or a fine of $500^ oriboth? ^ "x i s < > [i n s; i ^ 4 1 Yn.(S)' deny t© any persion withiia its jutisdidbioii thee^ual prcrtecv/rrs (tiojL^if its laws or deprive feny' persoaoJ libenty ©? property stitha yiiiinfrutidtte pr!(3Gess©'f Jaiw?: /!• • i-> vtinnnuiio') io,hi\v,(\,^ju'rij a/nlxfil
 * i4tj;7/aibhib©!vvn expense to have the,assistance of douoftselilor'his defense;

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[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 available 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 — M O D E L CODE G O V E R N I N G C O U R T S O F INDIAN OFFENSES Recommendat i o n s to C o n g r e s s.

SEC. 301. The Secretary of the Interior is authorized 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 United 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 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. I n carrying out the provisions of this title, the Secretary of the Interior shall 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 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 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

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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) The consent of the United 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 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 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, 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 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 retrocession by any State of all or any measure of the criminal or civil jurisdiction, 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 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 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 jurisdiction by any such State until the people thereof have appropriately amended their State constitution or statutes, as the case may be.

^s use i36o R«P««I-

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 ^

PUBLIC LAW 90-284-APR. i l l j 19681 ol^^sqs'yi

dlhr ^^U,U.^

ACTIONS XOT TO ABATE

fe2i

Sf^ti?

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 jurisdiction by the United States pursuant 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 determination 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, determiiie^ render judgment, or inipese sentence in any criminal action instituted against any person for= any offense committed before the effective date of siiiQh>cession, if the oft'ense charged in such action wasr cognizable under aary: 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 rpjs k) H^iHim'j Ihh ywiil IUHIK /h'lqoiq ajji/iiff 'ju;^/io>.f-j(| '>]/;/rtq o) iioilir)ifq<[K UriBus^ SP:C. 40^. State jurisdictioiifacquiredrpujrspaJititQrthis^^ 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 within 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 -lo.hnufl j^il'nt lunh:
 * SEC. 501. Section 1153 o f title 18 of the United States Code is

amended by inserting immediately after "weapon,", the following: "assault resulting in serious bodily ill jury,". •'.smiirj Irn'.) TITLE VI^EMPLOYlvrKNT O F LEGAL COUNSEL -OlbsfTrfi; j i 7 ( ') - i c i !? ' ' ': •

OdJ-i

- vsr- ^: v,; v r -, - r ^ K;'*•:. v.

•

' -

iliiic^

^^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:>8a 8f; ^rfetary of the Interior or the Commissioner of Indian Affairs of contracts or agreements relating to the employment of legal counsel (inleaqrM cluding the cholce 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. .TITLE VII — M A T E R I A L S R E L A T I N G TO C O N S T I T U -

wLi^a'.^^anpn^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 "^fieiTfe^'^iftt) 'Itlf'witers^hkt th^ constitutional rights of* liidjans might be fully protected, the Secretary of the Interior is authorized and'directed tfi^—t '

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(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. 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 compilation 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 including printing, such sum as may be necessary. ",, ^ TITLE. y i n — F A I R HQlMfc^i^^ ^*^'"^'^'^^ 9VO0 gJtrifovTh 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). OEC. 801. I t is the policy of the United States to provide, within j constitutional limitations, for fair housing throughout: the United fSlat^oiii tiwo ion rtyob •I'.Hiifo Lrjl'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?^,Development. ^:.•,.;,!!',,[(..,*,;.,..,.,. ....',.",,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, partnerships, associations, labor organizations, legal representatives, iriutual companies, joint-stock companies, trusts, unincorporated orgaSlizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. (e) "To rent" includes to lease, to sublease, to let and otherwise to ^ r a n t for a consideration the right to occupy premises not owned by the occupant. '
 * _

- n 'V (f) "Discriminatory housing practice" mean^'dlljf^t^lmiJ^'tfliiawful tiiider section 804, 805, or 806. — ->Km(, ilon ~ • • " t^teolumand 'lo f9lti) sdi Tfoiftiuj'il mo ioo'tiaq oj 'Cimas'yoa en mnsilp.iasn

81

/

.,,. - . __^.

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r

[82 STAT.

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 Government, 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 subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an F D I C or F S L I C institution; and (D) dwellings provided by the development or the 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 dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b). Exemptions. j^j^^ 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 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

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PUBLIC LAW 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 purposes 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 more 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 proAnding sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by,fiveor more families. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING

SEC. 804. As made applicable by section 803 and except as exempted by sections 803(b) and 807, it shall be unlawful— (a) To refuse to sell or rent after the making of s. bona fide offer, ^ or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of ra'^e, color, religion, or national origin. (b) To discriminate against any person in the terms, conditionSj or privileges of sale or rental of a dwelling, or in the proN ision of services or facinties in connection therewith, because of race, oior, religion, or national origin. (c) To make, print, or publish, or cause to be made, printed, or 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 vny such preference, limitation, or discrimination. (d) To represent 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 prospective 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 corporation, 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, religion, 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

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

[82 STAT.

tion shall iiiipair the scope or effectiveness of the exception contained in section 803(b). -.[iijtjo od oi ]>'jbi: DlfSCKIMIXATlOX IX TilK rROVlsi^^yOW^^'fikOKEKAGE SERVICES

SEC. 806. After December 81, 1968, it shall 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 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 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 restricted on account of race, color, or national origin. Nor shall anything in this title prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. "I ADMINISTRATION Authority and responsibility. Assistant Secretary.

Post, p. 606. 42 USC 3533. 42 USC 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 L'rban Development. (b) The Department of Housing and Urban Development shall be provided an additional Assistant Secretary. The Department of Housing 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 Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this title. The persons to whom such delegations 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, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe 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 accordance with law. "-' (d) All executive departments and agencies shall administer theiP programs and activities relating to housing and urban development

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Rh hundred feet above the roof, the moon suddenly shone from behind a bank of clouds and would most certainly have revealed their position to persons in the street. As it was several were attracted by the sight of some great object in the air. They called the attention of others to it, but, by the time glasses and telescopes had been brought to bear, the Red Cloud was far away.

"Dry clothes now, some hot drinks, and then Tom will tell us his secret," remarked Mr. Sharp, and, with the great ship swaying high above the city of Middleville Tom told what he had heard in the office building.

"They are the thieves who looted the bank, and caused us to be unjustly accused," he finished. "If we can capture them we'll get the reward, and turn a neat trick on Andy Foger and his cronies."

"But how can you capture them?" asked Mr. Damon. "You don't know where they are."

"Perhaps not where Morse and the men who have the money are. But I have a plan. It's this: We'll go to some quiet place, leave the airship, and then inform the authorities of our suspicions. They can come here and arrest the men who still seem to be hanging out in Morse's office. Then we can get on the trail of this Shagmon, who seems to be the person in authority this time, though I never heard of him before.

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m

PUBLIC LAW 9 0 ^ 2 8 4 ^ A P R: 11, 1968

m a manner affirmatively tq further the purposes of this title and ^siiall cooperate with the Secretary to fijrther such purposes. )on ])< ^^) luake studies with respect to the nature and extent o i d i s crimniatory housing practices in representative communities, ^. urban, suburban, and rural, throughout the United States; ^^ny^,-:, (2) publish and disseminate reports,;:ecomm,endati^^ YfeInformation derived from such studiesjf,/'j^|^i^.j,jjf.i.,^. • irunix 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,.. r,., to further its activities in preventing or eliminating disorimihaY^^'tpry housing practices; and ^r|f^' (5) administer the programs and activities relating to housing f ' and urban development in a manner affirmatiyely to further the ^^ policies of this tSle/^^i'll*-^'; ^^^^ v^^^of baM ^ l i n ^. i. ^.M,
 * j'., (e) The Secretary of Housing and Urban Development shall—
 * (4) cooperate with and render such technical and other assisi^ance to the Community Relations Service as may be appropriate

shall cornmence such educiitional and conciliatory activities as'iri^his judgment will further the purposes of this title. He shall call conferences of persons in the housing industry and other interested parties to ac(iuaint them with the provisions of this title and his suggested means of implementing it, and shall endeavor with their advice to work 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 5708 of title 5 of the United 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 whetlier and how State or local enforcement programs might be utilized to combat such dis.erimination 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/af^jyropriate.' ' •,••> - i i.
 * ^»^SMe:f'^8§9?'Immediately after the ejVactmfent; of this title fh^feMa^y

•

' • ! ! [ /; riui

!>'.

Complaints, proSEC. 810. (a) Any person who claims to have l/een injured by a cedure for filing. discriminatory housing practice or who believes that he will 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 w-ritingand shall contain such information 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 re5 ceiving a complaint, or within thirty days after the expiration of any period of reference under subsection (e), the Secretary shall investiigate the complaint and give notice in writing to the person aggrieved 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-
 * whether he intends to resolve it. If the Secretary decides to resolve the

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PUBLIC LAW 90-284-APR. 11, 1968

[82 STAT.

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 substantially equivalent to the rights and remedies provided in this title, the Secretary shall notify the appropriate State or local agency of any complaint filed under this title which appears to constitute a violation 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 proceedings 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. (^) ^^ witliiii thirty days after a complaint is filed with the Secretary or within thirty days after expiration of any period of reference under subsection (c), the Secretary has been unable to obtain voluntary 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 housing 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 affirmative 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.

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Page:United States Statutes at Large Volume 82.djvu/129

 87

PUBLIC LAW 90-284-APR. 11, 1968

82 STAT.]

INVESTIGATIONS; S U B P E N A S; GIVING OF EVIDENCE

SEC. 811. (a) I n conducting an investigation the Secretary shall have access at all reasonable times to premises, records, documents, individuals, 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 Secretary first complies with the provisions of 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 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 administer 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. Subpenas 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 proceedings 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 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 of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason. (e) I n case of contumacy or refusal to obey a subpena, the Secretary or other person at whose request it was issued may petition for its enforcement in the United States district court for the district in which the person to whom 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 who, 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, 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 O - 69 - 9

Records and documents, access.

Subpenas.

Witnesses, compensation.

Failure to testify, penalty.

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Page:United States Statutes at Large Volume 82.djvu/130

 88

PUBLIC LAW 90-284-APR. 11, 1%8 ENFORCEMENT

Civil action without f e e s, etc

tafion^^^^' ^'""'

BY PRIVATE

[82 STAT.

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 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. (^) '^^® court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff: Provided, That the said plaintiff in the opinion of the court is not financially able to assume said attorney's fees.

r

ENFORCEMENT

BY 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 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 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. E X P E D I T I O N OF PROCEEDINGS

SEC. 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.

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Page:United States Statutes at Large Volume 82.djvu/131

 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 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

STATE

AND

L O C A L A G E N C I E S ADMINISI'ERING FAIR

HOUSING LAWS

SEC. 816. The Secretary may cooperate with State and local agencies charged with the administration of State and local fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist him in carrying out this title. I n furtherance of such cooperative efforts, the Secretary may enter into written agreements with such State or local agencies. All agreements and terminations thereof shall be published in the Federal Register.

Publication in Federal Register.

INTERFERENCE, COFJICION, OR INTIMIDATION

SEC. 817. I t shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 803, 804, 805, or 806. This section may be enforced by appropriate civil action. APPROPRIATIONS

SEC. 818. There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this title. SEPARABILITY OF PROVISIONS

SEC. 819. I f any provision of this title or the application thereof to any person or circumstances is held invalid, the remainder of the title and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. TITLE IX PREVENTION OF INTIMIDATION I N FAIR HOUSING CASES

SEC. 901. Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with— (a) any person because of his race, color, religion or national origin and because he is or has been selling, purcliasing, renting, financing, occupying, or contracting o r negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

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