section (a) shall not affect the requirement that such de-
fendant satisfy such criteria. 
‘‘(2) If an Act, ruling, regulation, interpretation, or 
rule described in subsection (a) requires a party to satisfy 
certain criteria, unrelated to whether or not such party 
has prevailed, to qualify for the recovery of attorney’s fees, 
subsection (a) shall not affect the requirement that such 
party satisfy such criteria.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 1 of title 1, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘9. Definition of ‘prevailing party’.’’. 
(c) APPLICATION.—Section 9 of title 1, United States 
Code, as added by this Act, shall apply to any case pend-
ing or filed on or after the date of enactment of this sub-
title. 
Subtitle C—Arbitration 
SEC. 421. SHORT TITLE. 
This subtitle may be cited as the ‘‘Preservation of 
Civil Rights Protections Act of 2008’’. 
SEC. 422. AMENDMENT TO FEDERAL ARBITRATION ACT. 
Section 1 of title 9, United States Code, is amended 
by striking ‘‘of seamen’’ and all that follows through 
‘‘commerce’’. 
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SEC. 423. UNENFORCEABILITY OF ARBITRATION CLAUSES 
IN EMPLOYMENT CONTRACTS. 
(a) PROTECTION OF EMPLOYEE RIGHTS.—Notwith-
standing any other provision of law, any clause of any 
agreement between an employer and an employee that re-
quires arbitration of a dispute arising under the Constitu-
tion or laws of the United States shall not be enforceable. 
(b) EXCEPTIONS.— 
(1) WAIVER
OR
CONSENT
AFTER
DISPUTE 
ARISES.—Subsection (a) shall not apply with respect 
to any dispute if, after such dispute arises, the par-
ties involved knowingly and voluntarily consent to 
submit such dispute to arbitration. 
(2) COLLECTIVE BARGAINING AGREEMENTS.— 
Subsection (a) shall not preclude the enforcement of 
the rights or terms of a valid collective bargaining 
agreement. 
SEC. 424. APPLICATION OF AMENDMENTS. 
This subtitle and the amendment made by section 
422 shall apply with respect to all employment contracts 
in force before, on, or after the date of enactment of this 
subtitle. 
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Subtitle D—Expert Witness Fees 
SEC. 431. PURPOSE. 
The purpose of this subtitle is to allow recovery of 
expert fees by prevailing parties under civil rights fee- 
shifting statutes. 
SEC. 432. FINDINGS. 
Congress finds the following: 
(1) This subtitle is made necessary by the deci-
sion of the Supreme Court in West Virginia Univer-
sity Hospitals Inc. v. Casey, 499 U.S. 83 (1991). In 
Casey, the Court, per Justice Scalia, ruled that ex-
pert fees were not recoverable under section 722 of 
the Revised Statutes (42 U.S.C. 1988), as amended 
by the Civil Rights Attorney’s Fees Awards Act of 
1976 (Public Law 94–559; 90 Stat. 2641), because 
the amendment made by the Civil Rights Attorney’s 
Fees Awards Act of 1976 expressly authorized an 
award of an ‘‘attorney’s fee’’ to a prevailing party 
but said nothing expressly about expert fees. 
(2) This subtitle is especially necessary both be-
cause of the important roles played by experts in 
civil rights litigation and because expert fees often 
represent a major cost of the litigation. 
(3) In the Civil Rights Act of 1991 (Public Law 
102–166; 105 Stat. 1071), Congress amended title 
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VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.) and section 722 of the Revised Stat-
utes (42 U.S.C. 1988) to include express authoriza-
tions of the recovery of expert fees in successful em-
ployment discrimination litigation. It is long past 
time to ensure that expert fees are available in Fed-
eral litigation under other civil rights statutes. 
SEC. 433. EFFECTIVE PROVISIONS. 
(a) SECTION 722 OF THE REVISED STATUTES.—Sec-
tion 722 of the Revised Statutes (42 U.S.C. 1988) is 
amended— 
(1) in subsection (b), by inserting ‘‘(including 
expert fees)’’ after ‘‘attorney’s fee’’; and 
(2) by striking subsection (c). 
(b) FAIR LABOR STANDARDS ACT OF 1938.—Section 
16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216(b)) is amended by inserting ‘‘(including expert fees)’’ 
after ‘‘attorney’s fee’’. 
(c) FAIR HOUSING ACT.—Title VIII of the Civil 
Rights Act of 1968 (42 U.S.C. 3601 et seq.) is amended— 
(1) in section 812(p), by inserting ‘‘(including 
expert fees)’’ after ‘‘attorney’s fee’’; 
(2) in section 813(c)(2), by inserting ‘‘(includ-
ing expert fees)’’ after ‘‘attorney’s fee’’; and 
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(3) in section 814(d)(2), by inserting ‘‘(includ-
ing expert fees)’’ after ‘‘attorney’s fee’’. 
(d) IDEA.—Section 615(i)(3)(B) of the Individuals 
with Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)) 
is amended by inserting ‘‘(including expert fees)’’ after 
‘‘reasonable attorney’s fees’’. 
(e) CIVIL RIGHTS ACT OF 1964.—Section 204(b) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000a–3(b)) is 
amended by inserting ‘‘(including expert fees)’’ after ‘‘at-
torney’s fee’’. 
(f) REHABILITATION ACT OF 1973.—Section 505(b) 
of the Rehabilitation Act of 1973 (29 U.S.C. 794a(b)) is 
amended by inserting ‘‘(including expert fees)’’ after ‘‘at-
torney’s fee’’. 
(g) EQUAL CREDIT OPPORTUNITY ACT.—Section 
706(d) of the Equal Credit Opportunity Act (15 U.S.C. 
1691e(d)) is amended by inserting ‘‘(including expert 
fees)’’ after ‘‘attorney’s fee’’. 
(h) FAIR CREDIT REPORTING ACT.—The Fair Credit 
Reporting Act (15 U.S.C. 1681 et seq.) is amended— 
(1) in section 616(a)(3), by inserting ‘‘(includ-
ing expert fees)’’ after ‘‘attorney’s fees’’; and 
(2) in section 617(a)(2), by inserting ‘‘(includ-
ing expert fees)’’ after ‘‘attorney’s fees’’. 
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(i) FREEDOM
OF
INFORMATION
ACT.—Section 
552(a)(4)(E) of title 5, United States Code, is amended 
by inserting ‘‘(including expert fees)’’ after ‘‘attorney 
fees’’. 
(j) PRIVACY ACT.—Section 552a(g) of title 5, United 
States Code, is amended— 
(1) in paragraph (2)(B), by inserting ‘‘(includ-
ing expert fees)’’ after ‘‘attorney fees’’; 
(2) in paragraph (3)(B), by inserting ‘‘(includ-
ing expert fees)’’ after ‘‘attorney fees’’; and 
(3) in paragraph (4)(B), by inserting ‘‘(includ-
ing expert fees)’’ after ‘‘attorney fees’’. 
(k) TRUTH IN LENDING ACT.—Section 130(a)(3) of 
the Truth in Lending Act (15 U.S.C. 1640(a)(3)) is 
amended by inserting ‘‘(including expert fees)’’ after ‘‘at-
torney’s fee’’. 
Subtitle E—Equal Remedies Act of 
2008 
SEC. 441. SHORT TITLE. 
This subtitle may be cited as the ‘‘Equal Remedies 
Act of 2008’’. 
SEC. 442. EQUALIZATION OF REMEDIES. 
Section 1977A of the Revised Statutes (42 U.S.C. 
1981a) is amended— 
(1) in subsection (b)— 
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