Civil Rights Act Of 1964
The U.S. Equal Employment Opportunity Commission
Title VII of the Civil Rights Act of 1964
EDITOR’S NOTE: The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends several sections of Title VII. These amendments appear in boldface type. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor’s notes also appear in italics.
An Act
To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the \”Civil Rights Act of 1964\”.
* * *
DEFINITIONS
SEC. 2000e. [Section 701]
For the purposes of this subchapter-
(a) The term “person” includes one or more individuals, governments,
governmental agencies, political subdivisions, labor unions, partnerships,
associations, corporations, legal representatives, mutual companies,
joint’stock companies, trusts, unincorporated organizations,
trustees, trustees in cases under title 11 [bankruptcy], or
receivers.
(b) The term “employer” means a person engaged in an industry affecting
commerce who has fifteen or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year,
and any agent of such a person, but such term does not include (1) the
United States, a corporation wholly owned by the Government of the United
States, an Indian tribe, or any department or agency of the District of
Columbia subject by statute to procedures of the competitive service (as
defined in section 2102 of title 5 [of the United States Code]), or
(2) a bona fide private membership club (other than a labor organization)
which is exempt from taxation under section 501(c) of title 26 [the
Internal Revenue Code of 1954], except that during the first year
after March 24, 1972 [the date of enactment of the Equal Employment
Opportunity Act of 1972], persons having fewer than twenty’five
employees (and their agents) shall not be considered employers.
(c) The term “employment agency” means any person regularly undertaking
with or without compensation to procure employees for an employer or to
procure for employees opportunities to work for an employer and includes
an agent of such a person.
(d) The term “labor organization” means a labor organization engaged in
an industry affecting commerce, and any agent of such an organization, and
includes any organization of any kind, any agency, or employee
representation committee, group, association, or plan so engaged in which
employees participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours, or other terms or conditions of employment,
and any conference, general committee, joint or system board, or joint
council so engaged which is subordinate to a national or international
labor organization.
(e) A labor organization shall be deemed to be engaged in an industry
affecting commerce if (1) it maintains or operates a hiring hall or hiring
office which procures employees for an employer or procures for employees
opportunities to work for an employer, or (2) the number of its members
(or, where it is a labor organization composed of other labor
organizations or their representatives, if the aggregate number of the
members of such other labor organization) is (A) twenty’five or more
during the first year after March 24, 1972 [the date of enactment of
the Equal Employment Opportunity Act of 1972], or (B) fifteen or more
thereafter, and such labor organization-
(1) is the certified representative of employees under the
provisions of the National Labor Relations Act, as amended [29 U.S.C.
151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151
et seq.];
(2) although not certified, is a national or international labor
organization or a local labor organization recognized or acting as the
representative of employees of an employer or employers engaged in an
industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body
which is representing or actively seeking to represent employees of
employers within the meaning of paragraph (1) or (2); or
(4) has been chartered by a labor organization representing or
actively seeking to represent employees within the meaning of paragraph
(1) or (2) as the local or subordinate body through which such employees
may enjoy membership or become affiliated with such labor organization; or
(5) is a conference, general committee, joint or system board, or
joint council subordinate to a national or international labor
organization, which includes a labor organization engaged in an industry
affecting commerce within the meaning of any of the preceding paragraphs
of this subsection.
(f) The term “employee” means an individual employed by an employer,
except that the term “employee” shall not include any person elected to
public office in any State or political subdivision of any State by the
qualified voters thereof, or any person chosen by such officer to be on
such officer’s personal staff, or an appointee on the policy making level
or an immediate adviser with respect to the exercise of the constitutional
or legal powers of the office. The exemption set forth in the preceding
sentence shall not include employees subject to the civil service laws of
a State government, governmental agency or political subdivision. With
respect to employment in a foreign country, such term includes an
individual who is a citizen of the United States.
(g) The term “commerce” means trade, traffic, commerce,
transportation, transmission, or communication among the several States;
or between a State and any place outside thereof; or within the District
of Columbia, or a possession of the United States; or between points in
the same State but through a point outside thereof.
(h) The term “industry affecting commerce” means any activity, business,
or industry in commerce or in which a labor dispute would hinder or
obstruct commerce or the free flow of commerce and includes any activity
or industry “affecting commerce” within the meaning of the
Labor’Management Reporting and Disclosure Act of 1959 [29 U.S.C.
401 et seq.], and further includes any governmental industry,
business, or activity.
(i) The term “State” includes a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake
Island, the Canal Zone, and Outer Continental Shelf lands defined in the
Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].
(j) The term “religion” includes all aspects of religious observance and
practice, as well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate to an employee’s or prospective
employee’s religious observance or practice without undue hardship on the
conduct of the employer’s business.
(k) The terms “because of sex” or “on the basis of sex” include, but
are not limited to, because of or on the basis of pregnancy, childbirth,
or related medical conditions; and women affected by pregnancy,
childbirth, or related medical conditions shall be treated the same for
all employment’related purposes, including receipt of benefits under
fringe benefit programs, as other persons not so affected but similar in
their ability or inability to work, and nothing in section 2000e-2(h) of
this title [section 703(h)] shall be interpreted to permit
otherwise. This subsection shall not require an employer to pay for health
insurance benefits for abortion, except where the life of the mother would
be endangered if the fetus were carried to term, or except where medical
complications have arisen from an abortion: Provided, That nothing herein
shall preclude an employer from providing abortion benefits or otherwise
affect bargaining agreements in regard to abortion.
(l) The term “complaining party” means the Commission, the Attorney
General, or a person who may bring an action or proceeding under this
subchapter.
(m) The term “demonstrates” means meets the burdens of production and
persuasion.
(n) The term “respondent” means an employer, employment agency, labor
organization, joint labor’management committee controlling
apprenticeship or other training or retraining program, including an
on-the-job training program, or Federal entity subject to
section 2000e-16 of this title .
APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT
SEC. 2000e-1. [Section 702]
(a) This subchapter shall not apply to an employer with respect
to the employment of aliens outside any State, or to a religious
corporation, association, educational institution, or society with respect
to the employment of individuals of a particular religion to perform work
connected with the carrying on by such corporation, association,
educational institution, or society of its activities.
(b) It shall not be unlawful under section 2000e-2 or 2000e-3 of
this title [section 703 or 704] for an employer (or a corporation
controlled by an employer), labor organization, employment agency, or
joint labor-management committee controlling apprenticeship or other
training or retraining (including on-the-job training programs)
to take any action otherwise prohibited by such section, with respect to
an employee in a workplace in a foreign country if compliance with such
section would cause such employer (or such corporation), such
organization, such agency, or such committee to violate the law of the
foreign country in which such workplace is located.
(c) (1) If an employer controls a corporation whose place of incorporation
is a foreign country, any practice prohibited by section 2000e-2 or
2000e-3 of this title [section 703 or 704] engaged in by such
corporation shall be presumed to be engaged in by such employer.
(2) Sections 2000e-2 and 2000e-3 of this title [sections 703 and
704] shall not apply with respect to the foreign operations of an
employer that is a foreign person not controlled by an American employer.
(3) For purposes of this subsection, the determination of whether
an employer controls a corporation shall be based on-
(A) the interrelation of operations;
(B) the common management;
(C) the centralized control of labor relations; and
(D) the common ownership or financial control, of the employer and the
corporation.
UNLAWFUL EMPLOYMENT PRACTICES
SEC. 2000e-2. [Section 703]
(a) It shall be an unlawful employment practice for an employer –
(1) to fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to his
compensation, terms, conditions, or privileges of employment, because of
such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants
for employment in any way which would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect his
status as an employee, because of such individual’s race, color, religion,
sex, or national origin.
(b) It shall be an unlawful employment practice for an employment agency
to fail or refuse to refer for employment, or otherwise to discriminate
against, any individual because of his race, color, religion, sex, or
national origin, or to classify or refer for employment any individual on
the basis of his race, color, religion, sex, or national origin.
(c) It shall be an unlawful employment practice for a labor organization-
(1) to exclude or to expel from its membership, or otherwise to
discriminate against, any individual because of his race, color, religion,
sex, or national origin;
(2) to limit, segregate, or classify its membership or applicants
for membership, or to classify or fail or refuse to refer for employment
any individual, in any way which would deprive or tend to deprive any
individual of employment opportunities, or would limit such employment
opportunities or otherwise adversely affect his status as an employee or
as an applicant for employment, because of such individual’s race, color,
religion, sex, or national origin; or
(3) to cause or attempt to cause an employer to discriminate
against an individual in violation of this section.
(d) It shall be an unlawful employment practice for any employer, labor
organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including
on-the-job training programs to discriminate against any
individual because of his race, color, religion, sex, or national origin
in admission to, or employment in, any program established to provide
apprenticeship or other training.
(e) Notwithstanding any other provision of this subchapter, (1) it shall
not be an unlawful employment practice for an employer to hire and employ
employees, for an employment agency to classify, or refer for employment
any individual, for a labor organization to classify its membership or to
classify or refer for employment any individual, or for an employer, labor
organization, or joint labor-management committee controlling
apprenticeship or other training or retraining programs to admit or employ
any individual in any such program, on the basis of his religion, sex, or
national origin in those certain instances where religion, sex, or
national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of that particular business or
enterprise, and (2) it shall not be an unlawful employment practice for a
school, college, university, or other educational institution or
institution of learning to hire and employ employees of a particular
religion if such school, college, university, or other educational
institution or institution of learning is, in whole or in substantial
part, owned, supported, controlled, or managed by a particular religion or
by a particular religious corporation, association, or society, or if the
curriculum of such school, college, university, or other educational
institution or institution of learning is directed toward the propagation
of a particular religion.
(f) As used in this subchapter, the phrase “unlawful employment
practice” shall not be deemed to include any action or measure taken by
an employer, labor organization, joint labor-management committee, or
employment agency with respect to an individual who is a member of the
Communist Party of the United States or of any other organization required
to register as a Communist-action or Communist-front
organization by final order of the Subversive Activities Control Board
pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C.
781 et seq.].
(g) Notwithstanding any other provision of this subchapter, it shall not
be an unlawful employment practice for an employer to fail or refuse to
hire and employ any individual for any position, for an employer to
discharge any individual from any position, or for an employment agency to
fail or refuse to refer any individual for employment in any position, or
for a labor organization to fail or refuse to refer any individual for
employment in any position, if-
(1) the occupancy of such position, or access to the premises in or
upon which any part of the duties of such position is performed or is to
be performed, is subject to any requirement imposed in the interest of the
national security of the United States under any security program in
effect pursuant to or administered under any statute of the United States
or any Executive order of the President; and
(2) such individual has not fulfilled or has ceased to fulfill that
requirement.
(h) Notwithstanding any other provision of this subchapter, it shall not
be an unlawful employment practice for an employer to apply different
standards of compensation, or different terms, conditions, or privileges
of employment pursuant to a bona fide seniority or merit system, or a
system which measures earnings by quantity or quality of production or to
employees who work in different locations, provided that such differences
are not the result of an intention to discriminate because of race, color,
religion, sex, or national origin, nor shall it be an unlawful employment
practice for an employer to give and to act upon the results of any
professionally developed ability test provided that such test, its
administration or action upon the results is not designed, intended or
used to discriminate because of race, color, religion, sex or national
origin. It shall not be an unlawful employment practice under this
subchapter for any employer to differentiate upon the basis of sex in
determining the amount of the wages or compensation paid or to be paid to
employees of such employer if such differentiation is authorized by the
provisions of section 206(d) of title 29 [section 6(d) of the Fair
Labor Standards Act of 1938, as amended].
(i) Nothing contained in this subchapter shall apply to any business or
enterprise on or near an Indian reservation with respect to any publicly
announced employment practice of such business or enterprise under which a
preferential treatment is given to any individual because he is an Indian
living on or near a reservation.
(j) Nothing contained in this subchapter shall be interpreted to require
any employer, employment agency, labor organization, or joint
labor-management committee subject to this subchapter to grant
preferential treatment to any individual or to any group because of the
race, color, religion, sex, or national origin of such individual or group
on account of an imbalance which may exist with respect to the total
number or percentage of persons of any race, color, religion, sex, or
national origin employed by any employer, referred or classified for
employment by any employment agency or labor organization, admitted to
membership or classified by any labor organization, or admitted to, or
employed in, any apprenticeship or other training program, in comparison
with the total number or percentage of persons of such race, color,
religion, sex, or national origin in any community, State, section, or
other area, or in the available work force in any community, State,
section, or other area.
(k) (1) (A) An unlawful employment practice based on disparate impact
is established under this title only if-
(i) a complaining party demonstrates that a respondent uses a
particular employment practice that causes a disparate impact on the basis
of race, color, religion, sex, or national origin and the respondent fails
to demonstrate that the challenged practice is job related for the
position in question and consistent with business necessity; or
(ii) the complaining party makes the demonstration described in
subparagraph (C) with respect to an alternative employment practice and
the respondent refuses to adopt such alternative employment practice.
(B) (i) With respect to demonstrating that a particular employment
practice causes a disparate impact as described in subparagraph (A)(i),
the complaining party shall demonstrate that each particular challenged
employment practice causes a disparate impact, except that if the
complaining party can demonstrate to the court that the elements of a
respondent’s decisionmaking process are not capable of separation for
analysis, the decisionmaking process may be analyzed as one employment
practice.
(ii) If the respondent demonstrates that a specific employment
practice does not cause the disparate impact, the respondent shall not be
required to demonstrate that such practice is required by business
necessity.
(C) The demonstration referred to by subparagraph (A)(ii) shall be
in accordance with the law as it existed on June 4, 1989, with respect to
the concept of “alternative employment practice”.
(2) A demonstration that an employment practice is required by
business necessity may not be used as a defense against a claim of
intentional discrimination under this title.
(3) Notwithstanding any other provision of this title, a rule
barring the employment of an individual who currently and knowingly uses
or possesses a controlled substance, as defined in schedules I and II of
section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other
than the use or possession of a drug taken under the supervision of a
licensed health care professional, or any other use or possession
authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.]
or any other provision of Federal law, shall be considered an
unlawful employment practice under this title only if such rule is adopted
or applied with an intent to discriminate because of race, color,
religion, sex, or national origin.
(l) It shall be an unlawful employment practice for a respondent, in
connection with the selection or referral of applicants or candidates for
employment or promotion, to adjust the scores of, use different cutoff
scores for, or otherwise alter the results of, employment related tests on
the basis of race, color, religion, sex, or national origin.
(m) Except as otherwise provided in this title, an unlawful employment
practice is established when the complaining party demonstrates that race,
color, religion, sex, or national origin was a motivating factor for any
employment practice, even though other factors also motivated the
practice.
(n) (1) (A) Notwithstanding any other provision of law, and except as
provided in paragraph (2), an employment practice that implements and is
within the scope of a litigated or consent judgment or order that resolves
a claim of employment discrimination under the Constitution or Federal
civil rights laws may not be challenged under the circumstances described
in subparagraph (B).
(B) A practice described in subparagraph (A) may not be challenged
in a claim under the Constitution or Federal civil rights laws-
(i) by a person who, prior to the entry of the judgment or order
described in subparagraph (A), had-
(I) actual notice of the proposed judgment or order sufficient to
apprise such person that such judgment or order might adversely affect the
interests and legal rights of such person and that an opportunity was
available to present objections to such judgment or order by a future date
certain; and
(II) a reasonable opportunity to present objections to such
judgment or order; or
(ii) by a person whose interests were adequately represented by
another person who had previously challenged the judgment or order on the
same legal grounds and with a similar factual situation, unless there has
been an intervening change in law or fact.
(2) Nothing in this subsection shall be construed to-
(A) alter the standards for intervention under rule 24 of the
Federal Rules of Civil Procedure or apply to the rights of parties who
have successfully intervened pursuant to such rule in the proceeding in
which the parties intervened;
(B) apply to the rights of parties to the action in which a
litigated or consent judgment or order was entered, or of members of a
class represented or sought to be represented in such action, or of
members of a group on whose behalf relief was sought in such action by the
Federal Government;
(C) prevent challenges to a litigated or consent judgment or order
on the ground that such judgment or order was obtained through collusion
or fraud, or is transparently invalid or was entered by a court lacking
subject matter jurisdiction; or
(D) authorize or permit the denial to any person of the due process
of law required by the Constitution.
(3) Any action not precluded under this subsection that challenges
an employment consent judgment or order described in paragraph (1) shall
be brought in the court, and if possible before the judge, that entered
such judgment or order. Nothing in this subsection shall preclude a
transfer of such action pursuant to section 1404 of title 28, United
States Code.
OTHER UNLAWFUL EMPLOYMENT PRACTICES
SEC. 2000e-3. [Section 704]
(a) It shall be an unlawful employment practice for an employer to
discriminate against any of his employees or applicants for employment,
for an employment agency, or joint labor-management committee
controlling apprenticeship or other training or retraining, including
on-the-job training programs, to discriminate against any
individual, or for a labor organization to discriminate against any member
thereof or applicant for membership, because he has opposed any practice
made an unlawful employment practice by this subchapter, or because he has
made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this subchapter.
(b) It shall be an unlawful employment practice for an employer, labor
organization, employment agency, or joint labor-management committee
controlling apprenticeship or other training or retraining, including
on-the-job training programs, to print or publish or cause to be
printed or published any notice or advertisement relating to employment by
such an employer or membership in or any classification or referral for
employment by such a labor organization, or relating to any classification
or referral for employment by such an employment agency, or relating to
admission to, or employment in, any program established to provide
apprenticeship or other training by such a joint labor-management
committee, indicating any preference, limitation, specification, or
discrimination, based on race, color, religion, sex, or national origin,
except that such a notice or advertisement may indicate a preference,
limitation, specification, or discrimination based on religion, sex, or
national origin when religion, sex, or national origin is a bona fide
occupational qualification for employment.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SEC. 2000e-4. [Section 705]
(a) There is hereby created a Commission to be known as the Equal
Employment Opportunity Commission, which shall be composed of five
members, not more than three of whom shall be members of the same
political party. Members of the Commission shall be appointed by the
President by and with the advice and consent of the Senate for a term of
five years. Any individual chosen to fill a vacancy shall be appointed
only for the unexpired term of the member whom he shall succeed, and all
members of the Commission shall continue to serve until their successors
are appointed and qualified, except that no such member of the Commission
shall continue to serve (1) for more than sixty days when the Congress is
in session unless a nomination to fill such vacancy shall have been
submitted to the Senate, or (2) after the adjournment sine die of the
session of the Senate in which such nomination was submitted. The
President shall designate one member to serve as Chairman of the
Commission, and one member to serve as Vice Chairman. The Chairman shall
be responsible on behalf of the Commission for the administrative
operations of the Commission, and, except as provided in subsection (b) of
this section, shall appoint, in accordance with the provisions of title 5
[United States Code] governing appointments in the competitive
service, such officers, agents, attorneys, administrative law judges
[hearing examiners], and employees as he deems necessary to assist
it in the performance of its functions and to fix their compensation in
accordance with the provisions of chapter 51 and subchapter III of chapter
53 of title 5 [United States Code], relating to classification and
General Schedule pay rates: Provided, That assignment, removal, and
compensation of administrative law judges [hearing examiners] shall
be in accordance with sections 3105, 3344, 5372, and 7521 of title 5
[United States Code].
(b) (1) There shall be a General Counsel of the Commission appointed by
the President, by and with the advice and consent of the Senate, for a
term of four years. The General Counsel shall have responsibility for the
conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this
title [sections 706 and 707]. The General Counsel shall have such
other duties as the Commission may prescribe or as may be provided by law
and shall concur with the Chairman of the Commission on the appointment
and supervision of regional attorneys. The General Counsel of the
Commission on the effective date of this Act shall continue in such
position and perform the functions specified in this subsection until a
successor is appointed and qualified.
(2) Attorneys appointed under this section may, at the direction of
the Commission, appear for and represent the Commission in any case in
court, provided that the Attorney General shall conduct all litigation to
which the Commission is a party in the Supreme Court pursuant to this
subchapter.
(c) A vacancy in the Commission shall not impair the right of the
remaining members to exercise all the powers of the Commission and three
members thereof shall constitute a quorum.
(d) The Commission shall have an official seal which shall be judicially
noticed.
(e) The Commission shall at the close of each fiscal year report to the
Congress and to the President concerning the action it has taken [the
names, salaries, and duties of all individuals in its employ] and the
moneys it has disbursed. It shall make such further reports on the cause
of and means of eliminating discrimination and such recommendations for
further legislation as may appear desirable.
(f) The principal office of the Commission shall be in or near the
District of Columbia, but it may meet or exercise any or all its powers at
any other place. The Commission may establish such regional or State
offices as it deems necessary to accomplish the purpose of this
subchapter.
(g) The Commission shall have power-
(1) to cooperate with and, with their consent, utilize regional,
State, local, and other agencies, both public and private, and
individuals;
(2) to pay to witnesses whose depositions are taken or who are
summoned before the Commission or any of its agents the same witness and
mileage fees as are paid to witnesses in the courts of the United States;
(3) to furnish to persons subject to this subchapter such technical
assistance as they may request to further their compliance with this
subchapter or an order issued thereunder;
(4) upon the request of (i) any employer, whose employees or some
of them, or (ii) any labor organization, whose members or some of them,
refuse or threaten to refuse to cooperate in effectuating the provisions
of this subchapter, to assist in such effectuation by conciliation or such
other remedial action as is provided by this subchapter;
(5) to make such technical studies as are appropriate to effectuate
the purposes and policies of this subchapter and to make the results of
such studies available to the public;
(6) to intervene in a civil action brought under section 2000e-5 of
this title [section 706] by an aggrieved party against a respondent
other than a government, governmental agency or political subdivision.
(h) (1) The Commission shall, in any of its educational or
promotional activities, cooperate with other departments and agencies in
the performance of such educational and promotional activities.
(2) In exercising its powers under this title, the Commission shall
carry out educational and outreach activities (including dissemination of
information in languages other than English) targeted to-
(A) individuals who historically have been victims of employment
discrimination and have not been equitably served by the Commission; and
(B) individuals on whose behalf the Commission has authority to
enforce any other law prohibiting employment discrimination, concerning
rights and obligations under this title or such law, as the case may be.
(i) All officers, agents, attorneys, and employees of the Commission
shall be subject to the provisions of section 7324 of title 5 [section
9 of the Act of August 2, 1939, as amended (the Hatch Act)],
notwithstanding any exemption contained in such section.
(j) (1) The Commission shall establish a Technical Assistance Training
Institute, through which the Commission shall provide technical assistance
and training regarding the laws and regulations enforced by the
Commission.
(2) An employer or other entity covered under this title shall not
be excused from compliance with the requirements of this title because of
any failure to receive technical assistance under this subsection.
(3) There are authorized to be appropriated to carry out this
subsection such sums as may be necessary for fiscal year 1992.