II 

111TH CONGRESS 

1ST SESSION S. 1584 

To prohibit employment discrimination on the basis of sexual orientation 

or gender identity. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2009 

Mr. MERKLEY (for himself, Ms. COLLINS, Mr. KENNEDY, Ms. SNOWE, Mr. 

AKAKA, Mr. BINGAMAN, Mrs. BOXER, Mr. BROWN, Mr. BURRIS, Ms. 

CANTWELL, Mr. CARDIN, Mr. CASEY, Mr. DODD, Mr. DURBIN, Mr. 

FEINGOLD, Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. 

HARKIN, Mr. INOUYE, Mr. KERRY, Ms. KLOBUCHAR, Mr. KOHL, Mr. 

LAUTENBERG, Mr. LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mr. MENENDEZ, Ms. MIKULSKI, Mrs. MURRAY, Mr. REED, Mr. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, Mr. SPECTER, Mr. UDALL of Colorado, Mr. UDALL

of New Mexico, Mr. WHITEHOUSE, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To prohibit employment discrimination on the basis of sexual 

orientation or gender identity. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Employment Non-Dis5 crimination Act of 2009’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to address the history and widespread pat4 tern of discrimination on the basis of sexual orienta5 tion or gender identity by private sector employers 

6 and local, State, and Federal government employers; 

7 (2) to provide a comprehensive Federal prohibi8 tion of employment discrimination on the basis of 

9 sexual orientation or gender identity, including 

10 meaningful and effective remedies for any such dis11 crimination; and 

12 (3) to invoke congressional powers, including 

13 the powers to enforce the 14th Amendment to the 

14 Constitution, and to regulate interstate commerce 

15 and provide for the general welfare pursuant to sec16 tion 8 of article I of the Constitution, in order to 

17 prohibit employment discrimination on the basis of 

18 sexual orientation or gender identity. 

19 SEC. 3. DEFINITIONS. 

20 (a) IN GENERAL.—In this Act: 

21 (1) COMMISSION.—The term ‘‘Commission’’ 

22 means the Equal Employment Opportunity Commis23 sion. 

24 (2) COVERED ENTITY.—The term ‘‘covered en25 tity’’ means an employer, employment agency, labor 

26 organization, or joint labor-management committee. 


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1 (3) EMPLOYEE.— 

2 (A) IN GENERAL.—The term ‘‘employee’’ 

3 means— 

4 (i) an employee as defined in section 

5 701(f) of the Civil Rights Act of 1964 (42 

6 U.S.C. 2000e(f)); 

7 (ii) a State employee to which section 

8 302(a)(1) of the Government Employee 

9 Rights Act of 1991 (42 U.S.C. 2000e– 

10 16b(a)(1)) applies; 

11 (iii) a covered employee, as defined in 

12 section 101 of the Congressional Account13 ability Act of 1995 (2 U.S.C. 1301) or sec14 tion 411(c) of title 3, United States Code; 

15 or 

16 (iv) an employee or applicant to which 

17 section 717(a) of the Civil Rights Act of 

18 1964 (42 U.S.C. 2000e–16(a)) applies. 

19 (B) EXCEPTION.—The provisions of this 

20 Act that apply to an employee or individual 

21 shall not apply to a volunteer who receives no 

22 compensation. 

23 (4) EMPLOYER.—The term ‘‘employer’’ 

24 means— 


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1 (A) a person engaged in an industry affect2 ing commerce (as defined in section 701(h) of 

3 the Civil Rights Act of 1964 (42 U.S.C. 

4 2000e(h)) who has 15 or more employees (as 

5 defined in subparagraphs (A)(i) and (B) of 

6 paragraph (3)) for each working day in each of 

7 20 or more calendar weeks in the current or 

8 preceding calendar year, and any agent of such 

9 a person, but does not include a bona fide pri10 vate membership club (other than a labor orga11 nization) that is exempt from taxation under 

12 section 501(c) of the Internal Revenue Code of 

13 1986; 

14 (B) an employing authority to which sec15 tion 302(a)(1) of the Government Employee 

16 Rights Act of 1991 applies; 

17 (C) an employing office, as defined in sec18 tion 101 of the Congressional Accountability 

19 Act of 1995 or section 411(c) of title 3, United 

20 States Code; or 

21 (D) an entity to which section 717(a) of 

22 the Civil Rights Act of 1964 applies. 

23 (5) EMPLOYMENT AGENCY.—The term ‘‘em24 ployment agency’’ has the meaning given the term in 


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1 section 701(c) of the Civil Rights Act of 1964 (42 

2 U.S.C. 2000e(c)). 

3 (6) GENDER IDENTITY.—The term ‘‘gender 

4 identity’’ means the gender-related identity, appear5 ance, or mannerisms or other gender-related charac6 teristics of an individual, with or without regard to 

7 the individual’s designated sex at birth. 

8 (7) LABOR ORGANIZATION.—The term ‘‘labor 

9 organization’’ has the meaning given the term in 

10 section 701(d) of the Civil Rights Act of 1964 (42 

11 U.S.C. 2000e(d)). 

12 (8) PERSON.—The term ‘‘person’’ has the 

13 meaning given the term in section 701(a) of the 

14 Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 

15 (9) SEXUAL ORIENTATION.—The term ‘‘sexual 

16 orientation’’ means homosexuality, heterosexuality, 

17 or bisexuality. 

18 (10) STATE.—The term ‘‘State’’ has the mean19 ing given the term in section 701(i) of the Civil 

20 Rights Act of 1964 (42 U.S.C. 2000e(i)). 

21 (b) APPLICATION OF DEFINITIONS.—For purposes of 

22 this section, a reference in section 701 of the Civil Rights 

23 Act of 1964— 

24 (1) to an employee or an employer shall be con25 sidered to refer to an employee (as defined in subVerDate Nov 24 2008 02:42 Aug 06, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584

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1 section (a)(3)) or an employer (as defined in sub2 section (a)(4)), respectively, except as provided in 

3 paragraph (2) of this subsection; and 

4 (2) to an employer in subsection (f) of that sec5 tion shall be considered to refer to an employer (as 

6 defined in subsection (a)(4)(A)). 

7 SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 

8 (a) EMPLOYER PRACTICES.—It shall be an unlawful 

9 employment practice for an employer— 

10 (1) to fail or refuse to hire or to discharge any 

11 individual, or otherwise discriminate against any in12 dividual with respect to the compensation, terms, 

13 conditions, or privileges of employment of the indi14 vidual, because of such individual’s actual or per15 ceived sexual orientation or gender identity; or 

16 (2) to limit, segregate, or classify the employees 

17 or applicants for employment of the employer in any 

18 way that would deprive or tend to deprive any indi19 vidual of employment or otherwise adversely affect 

20 the status of the individual as an employee, because 

21 of such individual’s actual or perceived sexual ori22 entation or gender identity. 

23 (b) EMPLOYMENT AGENCY PRACTICES.—It shall be 

24 an unlawful employment practice for an employment agen25 cy to fail or refuse to refer for employment, or otherwise 


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1 to discriminate against, any individual because of the ac2 tual or perceived sexual orientation or gender identity of 

3 the individual or to classify or refer for employment any 

4 individual on the basis of the actual or perceived sexual 

5 orientation or gender identity of the individual. 

6 (c) LABOR ORGANIZATION PRACTICES.—It shall be 

7 an unlawful employment practice for a labor organiza8 tion— 

9 (1) to exclude or to expel from its membership, 

10 or otherwise to discriminate against, any individual 

11 because of the actual or perceived sexual orientation 

12 or gender identity of the individual; 

13 (2) to limit, segregate, or classify its member14 ship or applicants for membership, or to classify or 

15 fail or refuse to refer for employment any individual, 

16 in any way that would deprive or tend to deprive any 

17 individual of employment, or would limit such em18 ployment or otherwise adversely affect the status of 

19 the individual as an employee or as an applicant for 

20 employment because of such individual’s actual or 

21 perceived sexual orientation or gender identity; or 

22 (3) to cause or attempt to cause an employer to 

23 discriminate against an individual in violation of this 

24 section. 


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1 (d) TRAINING PROGRAMS.—It shall be an unlawful 

2 employment practice for any employer, labor organization, 

3 or joint labor-management committee controlling appren4 ticeship or other training or retraining, including on-the5 job training programs, to discriminate against any indi6 vidual because of the actual or perceived sexual orientation 

7 or gender identity of the individual in admission to, or em8 ployment in, any program established to provide appren9 ticeship or other training. 

10 (e) ASSOCIATION.—An unlawful employment practice 

11 described in any of subsections (a) through (d) shall be 

12 considered to include an action described in that sub13 section, taken against an individual based on the actual 

14 or perceived sexual orientation or gender identity of a per15 son with whom the individual associates or has associated. 

16 (f) NO PREFERENTIAL TREATMENT OR QUOTAS.— 

17 Nothing in this Act shall be construed or interpreted to 

18 require or permit— 

19 (1) any covered entity to grant preferential 

20 treatment to any individual or to any group because 

21 of the actual or perceived sexual orientation or gen22 der identity of such individual or group on account 

23 of an imbalance which may exist with respect to the 

24 total number or percentage of persons of any actual 

25 or perceived sexual orientation or gender identity 


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1 employed by any employer, referred or classified for 

2 employment by any employment agency or labor or3 ganization, admitted to membership or classified by 

4 any labor organization, or admitted to, or employed 

5 in, any apprenticeship or other training program, in 

6 comparison with the total number or percentage of 

7 persons of such actual or perceived sexual orienta8 tion or gender identity in any community, State, sec9 tion, or other area, or in the available work force in 

10 any community, State, section, or other area; or 

11 (2) the adoption or implementation by a cov12 ered entity of a quota on the basis of actual or per13 ceived sexual orientation or gender identity. 

14 (g) DISPARATE IMPACT.—Only disparate treatment 

15 claims may be brought under this Act. 

16 SEC. 5. RETALIATION PROHIBITED. 

17 It shall be an unlawful employment practice for a cov18 ered entity to discriminate against an individual because 

19 such individual— 

20 (1) opposed any practice made an unlawful em21 ployment practice by this Act; or 

22 (2) made a charge, testified, assisted, or partici23 pated in any manner in an investigation, proceeding, 

24 or hearing under this Act. 


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1 SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 

2 This Act shall not apply to a corporation, association, 

3 educational institution or institution of learning, or society 

4 that is exempt from the religious discrimination provisions 

5 of title VII of the Civil Rights Act of 1964 pursuant (42 

6 U.S.C. 2000e et seq.) to section 702(a) or 703(e)(2) of 

7 such Act (42 U.S.C. 2000e–1(a), 2000e–2(e)(2)). 

8 SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED 

9 FORCES; VETERANS’ PREFERENCES. 

10 (a) ARMED FORCES.— 

11 (1) EMPLOYMENT.—In this Act, the term ‘‘em12 ployment’’ does not apply to the relationship be13 tween the United States and members of the Armed 

14 Forces. 

15 (2) ARMED FORCES.—In paragraph (1) the 

16 term ‘‘Armed Forces’’ means the Army, Navy, Air 

17 Force, Marine Corps, and Coast Guard. 

18 (b) VETERANS’ PREFERENCES.—This title does not 

19 repeal or modify any Federal, State, territorial, or local 

20 law creating a special right or preference concerning em21 ployment for a veteran. 

22 SEC. 8. CONSTRUCTION. 

23 (a) EMPLOYER RULES AND POLICIES.— 

24 (1) IN GENERAL.—Nothing in this Act shall be 

25 construed to prohibit a covered entity from enforcing 

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1 cumvent the purposes of this Act, if the rules or 

2 policies are designed for, and uniformly applied to, 

3 all individuals regardless of actual or perceived sex4 ual orientation or gender identity. 

5 (2) SEXUAL HARASSMENT.—Nothing in this 

6 Act shall be construed to limit a covered entity from 

7 taking adverse action against an individual because 

8 of a charge of sexual harassment against that indi9 vidual, provided that rules and policies on sexual 

10 harassment, including when adverse action is taken, 

11 are designed for, and uniformly applied to, all indi12 viduals regardless of actual or perceived sexual ori13 entation or gender identity. 

14 (3) CERTAIN SHARED FACILITIES.—Nothing in 

15 this Act shall be construed to establish an unlawful 

16 employment practice based on actual or perceived 

17 gender identity due to the denial of access to shared 

18 shower or dressing facilities in which being seen 

19 unclothed is unavoidable, provided that the employer 

20 provides reasonable access to adequate facilities that 

21 are not inconsistent with the employee’s gender iden22 tity as established with the employer at the time of 

23 employment or upon notification to the employer 

24 that the employee has undergone or is undergoing 

25 gender transition, whichever is later. 


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1 (4) ADDITIONAL FACILITIES NOT REQUIRED.— 

2 Nothing in this Act shall be construed to require the 

3 construction of new or additional facilities. 

4 (5) DRESS AND GROOMING STANDARDS.—Noth5 ing in this Act shall prohibit an employer from re6 quiring an employee, during the employee’s hours at 

7 work, to adhere to reasonable dress or grooming 

8 standards not prohibited by other provisions of Fed9 eral, State, or local law, provided that the employer 

10 permits any employee who has undergone gender 

11 transition prior to the time of employment, and any 

12 employee who has notified the employer that the em13 ployee has undergone or is undergoing gender tran14 sition after the time of employment, to adhere to the 

15 same dress or grooming standards as apply for the 

16 gender to which the employee has transitioned or is 

17 transitioning. 

18 (b) EMPLOYEE BENEFITS.—Nothing in this Act shall 

19 be construed to require a covered entity to treat an unmar20 ried couple in the same manner as the covered entity 

21 treats a married couple for purposes of employee benefits. 

22 (c) DEFINITION OF MARRIAGE.—In this Act, the 

23 term ‘‘married’’ refers to marriage as such term is defined 

24 in section 7 of title 1, United States Code (commonly 

25 known as the ‘‘Defense of Marriage Act’’). 


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1 SEC. 9. COLLECTION OF STATISTICS PROHIBITED. 

2 The Commission shall not collect statistics on actual 

3 or perceived sexual orientation or gender identity from 

4 covered entities, or compel the collection of such statistics 

5 by covered entities. 

6 SEC. 10. ENFORCEMENT. 

7 (a) ENFORCEMENT POWERS.—With respect to the 

8 administration and enforcement of this Act in the case of 

9 a claim alleged by an individual for a violation of this 

10 Act— 

11 (1) the Commission shall have the same powers 

12 as the Commission has to administer and enforce— 

13 (A) title VII of the Civil Rights Act of 

14 1964 (42 U.S.C. 2000e et seq.); or 

15 (B) sections 302 and 304 of the Govern16 ment Employee Rights Act of 1991 (42 U.S.C. 

17 2000e–16b and 2000e–16c), 

18 in the case of a claim alleged by such individual for 

19 a violation of such title, or of section 302(a)(1) of 

20 the Government Employee Rights Act of 1991 (42 

21 U.S.C. 2000e–16b(a)(1)), respectively; 

22 (2) the Librarian of Congress shall have the 

23 same powers as the Librarian of Congress has to ad24 minister and enforce title VII of the Civil Rights Act 

25 of 1964 (42 U.S.C. 2000e et seq.) in the case of a 


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1 claim alleged by such individual for a violation of 

2 such title; 

3 (3) the Board (as defined in section 101 of the 

4 Congressional Accountability Act of 1995 (2 U.S.C. 

5 1301)) shall have the same powers as the Board has 

6 to administer and enforce the Congressional Ac7 countability Act of 1995 (2 U.S.C. 1301 et seq.) in 

8 the case of a claim alleged by such individual for a 

9 violation of section 201(a)(1) of such Act (2 U.S.C. 

10 1311(a)(1)); 

11 (4) the Attorney General shall have the same 

12 powers as the Attorney General has to administer 

13 and enforce— 

14 (A) title VII of the Civil Rights Act of 

15 1964 (42 U.S.C. 2000e et seq.); or 

16 (B) sections 302 and 304 of the Govern17 ment Employee Rights Act of 1991 (42 U.S.C. 

18 2000e–16b and 2000e–16c); 

19 in the case of a claim alleged by such individual for 

20 a violation of such title, or of section 302(a)(1) of 

21 the Government Employee Rights Act of 1991 (42 

22 U.S.C. 2000e–16b(a)(1)), respectively; 

23 (5) the President, the Commission, and the 

24 Merit Systems Protection Board shall have the same 

25 powers as the President, the Commission, and the 


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1 Board, respectively, have to administer and enforce 

2 chapter 5 of title 3, United States Code, in the case 

3 of a claim alleged by such individual for a violation 

4 of section 411 of such title; and 

5 (6) a court of the United States shall have the 

6 same jurisdiction and powers as the court has to en7 force— 

8 (A) title VII of the Civil Rights Act of 

9 1964 (42 U.S.C. 2000e et seq.) in the case of 

10 a claim alleged by such individual for a viola11 tion of such title; 

12 (B) sections 302 and 304 of the Govern13 ment Employee Rights Act of 1991 (42 U.S.C. 

14 2000e–16b and 2000e–16c) in the case of a 

15 claim alleged by such individual for a violation 

16 of section 302(a)(1) of such Act (42 U.S.C. 

17 2000e–16b(a)(1)); 

18 (C) the Congressional Accountability Act 

19 of 1995 (2 U.S.C. 1301 et seq.) in the case of 

20 a claim alleged by such individual for a viola21 tion of section 201(a)(1) of such Act (2 U.S.C. 

22 1311(a)(1)); and 

23 (D) chapter 5 of title 3, United States 

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1 dividual for a violation of section 411 of such 

2 title. 

3 (b) PROCEDURES AND REMEDIES.—The procedures 

4 and remedies applicable to a claim alleged by an individual 

5 for a violation of this Act are— 

6 (1) the procedures and remedies applicable for 

7 a violation of title VII of the Civil Rights Act of 

8 1964 (42 U.S.C. 2000e et seq.) in the case of a 

9 claim alleged by such individual for a violation of 

10 such title; 

11 (2) the procedures and remedies applicable for 

12 a violation of section 302(a)(1) of the Government 

13 Employee Rights Act of 1991 (42 U.S.C. 2000e– 

14 16b(a)(1)) in the case of a claim alleged by such in15 dividual for a violation of such section; 

16 (3) the procedures and remedies applicable for 

17 a violation of section 201(a)(1) of the Congressional 

18 Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in 

19 the case of a claim alleged by such individual for a 

20 violation of such section; and 

21 (4) the procedures and remedies applicable for 

22 a violation of section 411 of title 3, United States 

23 Code, in the case of a claim alleged by such indi24 vidual for a violation of such section. 


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1 (c) OTHER APPLICABLE PROVISIONS.—With respect 

2 to a claim alleged by a covered employee (as defined in 

3 section 101 of the Congressional Accountability Act of 

4 1995 (2 U.S.C. 1301)) for a violation of this Act, title 

5 III of the Congressional Accountability Act of 1995 (2 

6 U.S.C. 1381 et seq.) shall apply in the same manner as 

7 such title applies with respect to a claim alleged by such 

8 a covered employee for a violation of section 201(a)(1) of 

9 such Act (2 U.S.C. 1311(a)(1)). 

10 SEC. 11. STATE AND FEDERAL IMMUNITY. 

11 (a) ABROGATION OF STATE IMMUNITY.—A State 

12 shall not be immune under the 11th Amendment to the 

13 Constitution from a suit brought in a Federal court of 

14 competent jurisdiction for a violation of this Act. 

15 (b) WAIVER OF STATE IMMUNITY.— 

16 (1) IN GENERAL.— 

17 (A) WAIVER.—A State’s receipt or use of 

18 Federal financial assistance for any program or 

19 activity of a State shall constitute a waiver of 

20 sovereign immunity, under the 11th Amend21 ment to the Constitution or otherwise, to a suit 

22 brought by an employee or applicant for em23 ployment of that program or activity under this 

24 Act for a remedy authorized under subsection 

25 (d). 


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1 (B) DEFINITION.—In this paragraph, the 

2 term ‘‘program or activity’’ has the meaning 

3 given the term in section 606 of the Civil 

4 Rights Act of 1964 (42 U.S.C. 2000d–4a). 

5 (2) EFFECTIVE DATE.—With respect to a par6 ticular program or activity, paragraph (1) applies to 

7 conduct occurring on or after the day, after the date 

8 of enactment of this Act, on which a State first re9 ceives or uses Federal financial assistance for that 

10 program or activity. 

11 (c) REMEDIES AGAINST STATE OFFICIALS.—An offi12 cial of a State may be sued in the official capacity of the 

13 official by any employee or applicant for employment who 

14 has complied with the applicable procedures of section 10, 

15 for equitable relief that is authorized under this Act. In 

16 such a suit the court may award to the prevailing party 

17 those costs authorized by section 722 of the Revised Stat18 utes (42 U.S.C. 1988). 

19 (d) REMEDIES AGAINST THE UNITED STATES AND

20 THE STATES.—Notwithstanding any other provision of 

21 this Act, in an action or administrative proceeding against 

22 the United States or a State for a violation of this Act, 

23 remedies (including remedies at law and in equity, and 

24 interest) are available for the violation to the same extent 

25 as the remedies are available for a violation of title VII 


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1 of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 

2 by a private entity, except that— 

3 (1) punitive damages are not available; and 

4 (2) compensatory damages are available to the 

5 extent specified in section 1977A(b) of the Revised 

6 Statutes (42 U.S.C. 1981a(b)). 

7 SEC. 12. ATTORNEYS’ FEES. 

8 Notwithstanding any other provision of this Act, in 

9 an action or administrative proceeding for a violation of 

10 this Act, an entity described in section 10(a) (other than 

11 paragraph (4) of such section), in the discretion of the 

12 entity, may allow the prevailing party, other than the 

13 Commission or the United States, a reasonable attorney’s 

14 fee (including expert fees) as part of the costs. The Com15 mission and the United States shall be liable for the costs 

16 to the same extent as a private person. 

17 SEC. 13. POSTING NOTICES. 

18 A covered entity who is required to post notices de19 scribed in section 711 of the Civil Rights Act of 1964 (42 

20 U.S.C. 2000e–10) shall post notices for employees, appli21 cants for employment, and members, to whom the provi22 sions specified in section 10(b) apply, that describe the 

23 applicable provisions of this Act in the manner prescribed 

24 by, and subject to the penalty provided under, section 711 

25 of the Civil Rights Act of 1964. 


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1 SEC. 14. REGULATIONS. 

2 (a) IN GENERAL.—Except as provided in subsections 

3 (b), (c), and (d), the Commission shall have authority to 

4 issue regulations to carry out this Act. 

5 (b) LIBRARIAN OF CONGRESS.—The Librarian of 

6 Congress shall have authority to issue regulations to carry 

7 out this Act with respect to employees and applicants for 

8 employment of the Library of Congress. 

9 (c) BOARD.—The Board referred to in section 

10 10(a)(3) shall have authority to issue regulations to carry 

11 out this Act, in accordance with section 304 of the Con12 gressional Accountability Act of 1995 (2 U.S.C. 1384), 

13 with respect to covered employees, as defined in section 

14 101 of such Act (2 U.S.C. 1301). 

15 (d) PRESIDENT.—The President shall have authority 

16 to issue regulations to carry out this Act with respect to 

17 covered employees, as defined in section 411(c) of title 3, 

18 United States Code, and applicants for employment as 

19 such employees. 

20 SEC. 15. RELATIONSHIP TO OTHER LAWS. 

21 This Act shall not invalidate or limit the rights, rem22 edies, or procedures available to an individual claiming 

23 discrimination prohibited under any other Federal law or 

24 regulation or any law or regulation of a State or political 

25 subdivision of a State. 


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1 SEC. 16. SEVERABILITY. 

2 If any provision of this Act, or the application of the 

3 provision to any person or circumstance, is held to be in4 valid, the remainder of this Act and the application of the 

5 provision to any other person or circumstances shall not 

6 be affected by the invalidity. 

7 SEC. 17. EFFECTIVE DATE. 

8 This Act shall take effect on the date that is 6 

9 months after the date of enactment of this Act and shall 

10 not apply to conduct occurring before the effective date. 

Æ 


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