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,

joint­stock 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 twenty­five

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) twenty­five 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

Labor­Management 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 employment­related 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 labor­management committee controlling

apprenticeship or other training or retraining program, including an

on­the­job training program, or Federal entity subject to

section 2000e-16 of this title .

EXEMPTION

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 labor­management committee controlling apprenticeship or other

training or retraining (including on­the­job 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 labor­management committee controlling

apprenticeship or other training or retraining, including

on­the­job 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 labor­management 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 labor­management 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 Communist­action or Communist­front

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

labor­management 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 labor­management committee

controlling apprenticeship or other training or retraining, including

on­the­job 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 labor­management committee

controlling apprenticeship or other training or retraining, including

on­the­job 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 labor­management

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.

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