Civil Rights Act of 1991
PL 102-166 (S.1745), enacted 11/21/1991

PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1071 
Public Law 102-166 
102d Congress 
An Act 
To amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights 
-Q.^ 
laws, to provide for damages in cases of intentionEil employment discrimination, to 
JNov. c , 
— 
clarify provisions regarding disparate impact actions, and for other purposes. 
[S- 1745] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Civil Rights Act 
of 1991. 
SECTION 1. SHORT TITLE. 
42 USC 1981 
This Act may be cited as the "Civil Rights Act of 1991". 
note. 
SEC. 2. FINDINGS. 
. „ i 
42 USC 1981 
The Congress finds that— 
"°*®-
(1) additional remedies under Federal law are needed to deter 
unlawful harassment and intentional discrimination in the 
workplace; 
(2) the decision of the Supreme Court in Wards Cove Packing 
Co. V. Atonio, 490 U.S. 642 (1989) has weakened the scope and 
effectiveness of Federal civil rights protections; and 
(3) legislation is necessary to provide additional protections 
against unlawful discrimination in emplojrment. 
SEC. 3. PURPOSES. 
42 USC 1981 
The purposes of this Act are— 
(1) to provide appropriate remedies for intentional discrimina-
tion and unlawful harassment in the workplace; 
(2) to codify the concepts of "business necessity" and "job 
related" enunciated by the Supreme Court in Griggs v. Duke 
Power Co., 401 U.S. 424 (1971), and in the other Supreme Court 
decisions prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 
642 (1989); 
(3) to confirm statutory authority and provide statutory guide-
lines for the adjudication of disparate impact suits under title 
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and 
(4) to respond to recent decisions of the Supreme Court by 
expanding the scope of relevant civil rights statutes in order to 
provide adequate protection to victims of discrimination. 
TITLE I—FEDERAL CIVIL RIGHTS 
REMEDIES 
SEC. 101. PROHIBITION AGAINST ALL RACIAL DISCRIMINATION IN THE 
MAKING AND ENFORCEMENT OF CONTRACTS. 
Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended— 
(1) by inserting "(a)" before "All persons within"; and 
(2) by adding at the end the following new subsections: 
105 STAT. 1072 
PUBLIC LAW 102-166—NOV. 21, 1991 
"(b) For purposes of this section, the term 'make and enforce 
contracts' includes the making, performance, modification, and 
termination of contracts, and the enjoyment of all benefits, privi-
leges, terms, and conditions of the contractual relationship. 
"(c) The rights protected by this section are protected against 
impairment by nongovernmental discrimination and impairment 
under color of State law.". 
SEC. 102. DAMAGES IN CASES OF INTENTIONAL DISCRIMINATION. 
The Revised Statutes are amended by inserting after section 1977 
(42 U.S.C. 1981) the following new section: 
42 u s e 1981a. 
"SEC. 1977A. DAMAGES IN CASES OF INTENTIONAL DISCRIMINATION IN 
EMPLOYMENT. 
"(a) RIGHT OF RECOVERY.— 
"(1) CIVIL RIGHTS.—In an action brought by a complaining 
party under section 706 or 717 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e-5) against a respondent who engaged in unlawful 
intentional discrimination (not an employment practice that is 
unlawful because of its disparate impact) prohibited under sec-
tion 703, 704, or 717 of the Act (42 U.S.C. 2000e-2 or 2000e-3), 
and provided that the complaining party cannot recover under 
section 1977 of the Revised Statutes (42 U.S.C. 1981), the 
complaining party may recover compensatory and punitive 
damages as allowed in subsection (b), in addition to any relief 
authorized by section 706(g) of the Civil Rights Act of 1964, from 
the respondent. 
"(2) DiSABiuTY.—In an action brought by a complaining party 
under the powers, remedies, and procedures set forth in section 
706 or 717 of the Civil Rights Act of 1964 (as provided in section 
107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12117(a)), and section 505(aXl) of the Rehabilitation Act of 1973 
(29 U.S.C. 794a(aXl)), respectively) against a respondent who 
engaged in unlawful intentional discrimination (not an employ-
ment practice that is unlawful because of its disparate impact) 
under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791) and the regulations implementing section 501, or who 
violated the requirements of section 501 of the Act or the 
regulations implementing section 501 concerning the provision 
of a reasonable accommodation, or section 102 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12112), or committed a 
violation of section 102(bX5) of the Act, against an individual, 
the complaining party may recover compensatory and punitive 
damages as allowed in subsection Ot)), in addition to any relief 
authorized by section 706(g) of the Civil Rights Act of 1964, from 
the respondent. 
"(3) REASONABLE ACCOMMODATION AND GOOD FAITH EFFORT.— 
In cases where a discriminatory practice involves the provision 
of a reasonable accommodation pursuant to section 102(bX5) of 
the Americans with Disabilities Act of 1990 or regulations 
implementing section 501 of the Rehabilitation Act of 1973, 
damages may not be awarded under this section where the 
covered entity demonstrates good faith efforts, in consultation 
with the person with the disability who has informed the cov-
ered entity that accommodation is needed, to identify and make 
a reasonable accommodation that would provide such individual 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1073 
with an equally effective opportunity and would not cause an 
undue hardship on the operation of the business. 
"(b) COMPENSATORY AND PUNITIVE DAMAGES.— 
"(1) DETERMINATION OF PUNITIVE DAMAGES.—A complaining 
party may recover punitive damages under this section against 
a respondent (other than a government, government agency or 
political subdivision) if the complaining party demonstrates 
that the respondent engaged in a discriminatory practice or 
discriminatory practices with malice or with reckless indiffer-
ence to the federally protected rights of an aggrieved individual. 
"(2) EXCLUSIONS FROM COMPENSATORY DAMAGES.—Compen-
satory damages awarded under this section shall not include 
backpay, interest on backpay, or any other type of relief au-
thorized under section 706(g) of the Civil Rights Act of 1964. 
"(3) LIMITATIONS.—The sum of the amount of compensatory 
damages awarded under this section for future pecuniary losses, 
emotional pain, suffering, inconvenience, mental anguish, loss 
of enjoyment of life, and other nonpecuniary losses, and the 
amount of punitive damages awarded under this section, shall 
not exceed, for each complaining party— 
"(A) in the c£ise of a respondent who has more than 14 
and fewer than 101 employees in each of 20 or more cal-
endar weeks in the current or preceding calendar year, 
$50,000; 
"(B) in the case of a respondent who has more than 100 
and fewer than 201 employees in each of 20 or more cal-
endar weeks in the current or preceding calendar year, 
$100,000; and 
"(C) in the case of a respondent who has more than 200 
and fewer than 501 employees in each of 20 or more cal-
endar weeks in the current or preceding calendar year, 
$200,000; and 
"(D) in the case of a respondent who has more than 500 
employees in each of 20 or more calendar weeks in the 
current or preceding calendar year, $300,000. 
"(4) CONSTRUCTION.—Nothing in this section shall be con-
strued to limit the scope of, or the relief available under, section 
1977 of the Revised Statutes (42 U.S.C. 1981). 
"(c) JURY TRIAL.—If a complaining party seeks compensatory or 
unitive damages under this section— 
"(1) any party may demand a trial by jury; and 
"(2) the court shall not inform the jury of the limitations 
described in subsection 03)(3). 
"(d) DEFINITIONS.—As used in this section: 
"(1) COMPLAINING PARTY.—The term 'complaining party' 
means— 
"(A) in the case of a person seeking to bring an action 
under subsection (a)(1), the Equal Employment Opportunity 
• 
Commission, the Attorney General, or a person who may 
bring an action or proceeding under title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et seq.); or 
"(B) in the case of a person seeking to bring an action 
under subsection (a)(2), the Equal Employment Opportunity 
Commission, the Attorney General, a person who may bring 
an action or proceeding under section 505(a)(1) of the Re-
habilitation Act of 1973 (29 U.S.C. 794a(a)(l)), or a person 
who may bring an action or proceeding under title I of the 
105 STAT. 1074 
PUBLIC LAW 102-166—NOV. 21, 1991 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.). 
"(2) DISCRIMINATORY PRACTICE.—The term 'discriminatory 
practice' means the discrimination described in paragraph (1), 
or the discrimination or the violation described in paragraph (2), 
of subsection (a). 
SEC. 103. ATTORNEY'S FEES. 
The last sentence of section 722 of the Revised Statutes (42 U.S.C. 
1988) is amended by inserting ", 1977A" after "1977". 
SEC. 104. DEFINITIONS. 
Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e) is 
amended by adding at the end the following new subsections: 
"(1) The term 'complaining party' means the Commission, the 
Attorney General, or a person who may bring an action or proceed-
ing under this title. 
"(m) The term 'demonstrates' means meets the burdens of produc-
tion and persuasion. 
"(n) The term 'respondent' means an employer, emplo3anent 
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 717.". 
SEC. 105. BURDEN OF PROOF IN DISPARATE IMPACT CASES. 
(a) Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is 
amended by adding at the end the following new subsection: 
"(kXlXA) 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 emplojonent 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 chal-
lenged practice is job related for the position in question and 
consistent with business necessity; or 
"(ii) the complaining party makes the demonstration de-
scribed 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 employ-
ment practice causes a disparate impact as described in subpara-
graph (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 proc-
ess 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'. 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1075 
"(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 know-
ingly uses or possesses a controlled substance, as defined in sched-
ules 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 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, reli-
gion, sex, or national origin.". 
(b) No statements other than the interpretive memorandum 
42 USC1981 
appearing at Vol. 137 Congressional Record S 15276 (dsiily ed. Oct. '
^
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25, 1991) shall be considered legislative history of, or relied upon in 
any way as legislative history in construing or appljdng, any provi-
sion of this Act that relates to Wards Cove—Business necessity/ 
cumulation/alternative business practice. 
SEC. 106. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST SCORES. 
Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) (as 
amended by section 105) is ftirther amended by adding at the end 
the following new subsection: 
"(1) It shall be an unlawful employment practice for a respondent, 
in connection with the selection or referral of applicants or can-
didates for employment or promotion, to adjust the scores of, use 
different cutoff scores for, or otherwise alter the results of, employ-
ment related tests on the basis of race, color, religion, sex, or 
national origin.". 
SEC. 107. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSID-
ERATION OF RACE, COLOR, RELIGION, SEX, OR NATIONAL 
ORIGIN IN EMPLOYMENT PRACTICES. 
(a) IN GENERAL.—Section 703 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e-2) (as amended by sections 105 and 106) is further 
amended by adding at the end the following new subsection: 
"(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.". 
Oa) ENFORCEMENT PROVISIONS.—Section 706(g) of such Act (42 
U.S.C. 2000e-5(g)) is amended— 
(1) by designating the first through third sentences as para-
graph (1); 
(2) by designating the fourth sentence as paragraph (2)(A) and 
indenting accordingly; and 
(3) by adding at the end the following new subparagraph: 
"(B) On a claim in which an individual proves a violation under 
section 703(m) and a respondent demonstrates that the respondent 
would have taken the same action in the absence of the impermis-
sible motivating factor, the court— 
"(i) may grant declaratory relief, injunctive relief (except as 
provided in clause (ii)), and attorney's fees and costs dem-
105 STAT. 1076 
PUBLIC LAW 102-166—NOV. 21, 1991 
onstrated to be directly attributable only to the pursuit of a 
claim under section 703(m); and 
"(ii) shall not award damages or issue an order requiring any 
admission, reinstatement, hiring, promotion, or payment, de-
scribed in subparagraph (A).". 
SEC. 108. FACILITATING PROMPT AND ORDERLY RESOLUTION OF CHAL-
, 
LENGES TO EMPLOYMENT PRACTICES IMPLEMENTING LITI-
GATED OR CONSENT JUDGMENTS OR ORDERS. 
Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) (as 
amended by sections 105, 106, and 107 of this title) is further 
amended by adding at the end the following new subsection: 
"(n)(l)(A) Notwithstanding any other provision of law, and except 
as provided in paragraph (2), an employment practice that imple-
ments 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 chal-
lenged 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 mem-
bers 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 chal-
lenges 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 subsec-
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1077 
tion shall preclude a transfer of such action pursuant to section 1404 
of title 28, United States Code.". 
SEC. 109. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT. 
(a) DEFINITION OF EMPLOYEE.—Section 701(f) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(f)) and section 101(4) of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12111(4)) are each amended 
by adding at the end the following: "With respect to emplo3rment in 
a foreign country, such term includes an individual who is a citizen 
of the United States.". 
(b) EXEMPTION.— 
(1) CIVIL RIGHTS ACT OF 1964.—Section 702 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e-l) is amended— 
(A) by inserting "(a)" after "SEC. 702."; and 
(B) by adding at the end the following: 
"(b) It shall not be unlawful under 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 other-
wise 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. 
"(cXl) If an employer controls a corporation whose place of incor-
poration is a foreign country, any practice prohibited by section 703 
or 704 engaged in by such corporation shall be presumed to be 
engaged in by such employer. 
"(2) 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 fineuicial control, 
of the employer and the corporation.". 
(2) AMERICANS WITH DISABILITIES ACT OF 1990.—Section 102 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is 
amended— 
(A) by redesignating subsection (c) as subsection (d); and 
(B) by inserting after subsection (b) the following new 
subsection: 
"(c) COVERED ENTITIES IN FOREIGN COUNTRIES.— 
"(1) IN GENERAL.—It shall not be unlawful under this section 
for a covered entity to take any action that constitutes discrimi-
nation under this section with respect to an employee in a 
workplace in a foreign country if compliance with this section 
would cause such covered entity to violate the law of the foreign 
country in which such workplace is located. 
"(2) CONTROL OF CORPORATION.— 
"(A) PRESUMPTION.—If an employer controls a corpora-
tion whose place of incorporation is a foreign country, any 
practice that constitutes discrimination under this section 
105 STAT. 1078 
PUBLIC LAW 102-166—NOV. 21, 1991 
42 u s e 2000e 
note. 
Establishment. 
Appropriation 
authorization. 
42 u s e 2000e-4 
note. 
and is engaged in by such corporation shall be presumed to 
be engaged in by such employer. 
"(B) EXCEPTION.—This section shall not apply with re-
spect to the foreign operations of an employer that is a 
foreign person not controlled by an American employer. 
"(C) DETERMINATION.—For purposes of this paragraph, 
the determination of whether an employer controls a cor-
poration shall be based on— 
"(i) the interrelation of operations; 
"(ii) the common management; 
"(iii) the centralized control of labor relations; and 
"(iv) the common ownership or financial control, 
of the employer and the corporation.". 
(c) APPLICATION OF AMENDMENTS.—The amendments made by this 
section shall not apply with respect to conduct occurring before the 
date of the enactment of this Act. 
SEC. 110. TECHNICAL ASSISTANCE TRAINING INSTITUTE. 
(a) TECHNICAL ASSISTANCE.—Section 705 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-4) is amended by adding at the end the 
following new subsection: 
"(j)(l) 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.". 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 111. EDUCATION AND OUTREACH. 
Section 705(h) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4(h)) 
is amended— 
(1) by inserting "(1)" after "(h)"; and 
(2) by adding at the end the following new paragraph: 
"(2) In exercising its powers under this title, the Commission shall 
carry out educational and outreach activities (including dissemina-
tion of information in languages other than English) targeted to— 
"(A) individuals who historically have been victims of employ-
ment discrimination and have not been equitably served by the 
Commission; and 
"(B) individuals on whose behalf the Commission has author-
ity to enforce any other law prohibiting employment discrimi-
nation, 
concerning rights and obligations under this title or such law, as the 
case may be.". 
SEC. 112. EXPANSION OF RIGHT TO CHALLENGE DISCRIMINATORY 
SENIORITY SYSTEMS. 
Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(e)) 
is amended— 
(1) by inserting "(1)" before "A charge under this section"; 
and 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1079 
(2) by adding at the end the following new paragraph: 
"(2) For purposes of this section, an unlawful employment practice 
occurs, with respect to a seniority system that has been adopted for 
an intentionally discriminatory purpose in violation of this title 
(whether or not that discriminatory purpose is apparent on the face 
of the seniority provision), when the seniority system is adopted, 
when an individual becomes subject to the seniority system, or when 
a person aggrieved is injured by the application of the seniority 
system or provision of the system.". 
SEC. 113. AUTHORIZING AWARD OF EXPERT FEES. 
(a) REVISED STATUTES.—Section 722 of the Revised Statutes is 42 use 1988. 
amended— 
(1) by designating the first and second sentences as subsec-
tions (a) and (b), respectively, and indenting accordingly; and 
(2) by adding at the end the following new subsection: 
"(c) In awarding an attorney's fee under subsection (b) in any 
action or proceeding to enforce a provision of section 1977 or 1977A 
of the Revised Statutes, the court, in its discretion, may include 
expert fees as part of the attorney's fee.". 
(b) CIVIL RIGHTS ACT OF 1964.—Section 706(k) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e-5(k)) is amended by inserting "(includ-
ing expert fees)" after "attorney's fee". 
SEC. 114. PROVIDING FOR INTEREST AND EXTENDING THE STATUTE OF 
LIMITATIONS IN ACTIONS AGAINST THE FEDERAL GOVERN-
MENT. 
Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is 
amended— 
(1) in subsection (c), by striking "thirty days" and inserting 
"90 days"; and 
(2) in subsection (d), by inserting before the period ", and the 
same interest to compensate for delay in payment shall be 
available as in cases involving nonpublic parties.". 
SEC. 115. NOTICE OF LIMITATIONS PERIOD UNDER THE AGE DISCRIMINA-
TION IN EMPLOYMENT ACT OF 1967. 
Section 7(e) of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 626(e)) is amended— 
(1) by striking paragraph (2); 
(2) by striking the paragraph designation in paragraph (1); 
(3) by striking "Sections 6 and" and inserting "Section"; and 
(4) by adding at the end the following: 
"If a charge filed with the (Dommission under this Act is dismissed 
or the proceedings of the Commission are otherwise terminated by 
the Commission, the Commission shall notify the person aggrieved. 
A civil action may be brought under this section by a person defined 
in section 11(a) against the respondent named in the charge within 
90 days after the date of the receipt of such notice.". 
SEC. 116. LAWFUL COURT-ORDERED REMEDIES. AFFIRMATIVE ACTION, 42 USC 1981 
AND CONCILIATION AGREEMENTS NOT AFFECTED. 
note. 
Nothing in the amendments made by this title shall be construed 
to affect court-ordered remedies, affirmative action, or conciliation 
agreements, that are in accordance with the law. 
105 STAT. 1080 
PUBLIC LAW 102-166—NOV. 21, 1991 
Government 
SEC. 117. COVERAGE OF HOUSE OF REPRESENTATIVES AND THE AGEN-
employees. 
CIES OF THE LEGISLATIVE BRANCH. 
2 use 60/. 
(
g
^
) COVERAGE OF THE HOUSE OF REPRESENTATIVES.— 
(1) IN GENERAL.—Notwithstanding any provision of title VII of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or of other 
law, the purposes of such title shall, subject to paragraph (2), 
apply in their entirety to the House of Representatives. 
(2) EMPLOYMENT IN THE HOUSE.— 
(A) APPUCATION.—The rights and protections under title 
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
shall, subject to subparagraph (B), apply with respect to any 
employee in an employment position in the House of Rep-
resentatives and any employing authority of the House of 
Representatives. 
(B) ADMINISTRATION.— 
(i) IN GENERAL.—In the administration of this para-
graph, the remedies and procedures made applicable 
pursuant to the resolution described in clause (ii) shall 
apply exclusively. 
(ii) RESOLUTION.—The resolution referred to in clause 
(i) is the Fair Employment Practices Resolution (House 
Resolution 558 of the One Hundredth Congress, as 
agreed to October 4, 1988), as incorporated into the 
Rules of the House of Representatives of the One Hun-
dred Second Congress as Rule LI, or any other provi-
sion that continues in effect the provisions of such 
resolution. 
(C) EXERCISE OF RULEMAKING POWER.—The provisions of 
subparagraph (B) are enacted by the House of Representa-
tives £is an exercise of the rulemaking power of the House 
of Representatives, with full recognition of the right of the 
House to change its rules, in the same manner, and to the 
same extent as in the case of any other rule of the House. 
(b) INSTRUMENTALITIES OF CONGRESS.— 
(1) IN GENERAL.—The rights and protections under this title 
and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
seq.) shall, subject to parEigraph (2), apply with respect to the 
conduct of each instrumentality of the Congress. 
(2) 
ESTABUSHMENT 
OF 
REMEDIES 
AND 
PROCEDURES BY 
INSTRUMENTALITIES.—The chief official of each instrumentality 
of the Congress shall establish remedies and procedures to be 
utilized with respect to the rights and protections provided 
pursuant to paragraph (1). Such remedies and procedures shall 
apply exclusively, except for the employees who are defined as 
Senate employees, in section 301(cXl). 
(3) REPORT TO CONGRESS.—The chief official of each instrumen-
tality of the Congress shall, after establishing remedies and 
procedures for purposes of paragraph (2), submit to the Congress 
a report describing the remedies and procedures. 
(4) DEFINITION OF INSTRUMENTALITIES.—For purposes of this 
section, instrumentalities of the Congress include the following: 
the Architect of the Capitol, the Congressional Budget Office, 
the General Accounting Office, the Government Printing Office, 
the Office of Technology Assessment, and the United States 
Botanic Garden. 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1081 
(5) CONSTRUCTION.—Nothing in this section shall alter the 
enforcement procedures for individuals protected under section 
717 of title VII for the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16). 
SEC. 118. ALTERNATIVE MEANS OF DISPUTE RESOLUTION. 
Where appropriate and to the extent authorized by law, the use of 
alternative means of dispute resolution, including settlement nego-
tiations, conciliation, facilitation, mediation, factfinding, minitrials, 
and arbitration, is encouraged to resolve disputes arising under the 
Acts or provisions of Federal law amended by this title. 
TITLE II—GLASS CEILING 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Glass Ceiling Act of 1991". 
SEC. 202. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) despite a dramatically growing presence in the workplace, 
women and minorities remain underrepresented in manage-
ment and decisionmaking positions in business; 
(2) artificial barriers exist to the advancement of women and 
minorities in the workplace; 
(3) United States corporations are increasingly relying on 
women and minorities to meet employment requirements and 
are incresisingly aware of the advantages derived from a diverse 
work force; 
(4) the "Gleiss Ceiling Initiative" undertaken by the Depart-
ment of Labor, including the release of the report entitled 
"Report on the Glass Ceiling Initiative", has been instrumental 
in raising public awareness of— 
(A) the underrepresentation of women and minorities at 
the management and decisionmaking levels in the United 
States work force; 
(B) the underrepresentation of women and minorities in 
line functions in the United States work force; 
(C) the lack of access for qualified women and minorities 
to credential-building developmental opportunities; and 
(D) the desirability of eliminating artificial barriers to the 
advancement of women and minorities to such levels; 
(5) the establishment of a commission to examine issues 
raised by the Glass Ceiling Initiative would help— 
(A) focus greater attention on the importance of eliminat-
ing artificial barriers to the advancement of women and 
minorities to management and decisionmaking positions in 
business; and 
(B) promote work force diversity; 
(6) a comprehensive study that includes analysis of the 
manner in which management and decisionmaking positions 
are filled, the developmental and skill-enhancing practices used 
to foster the necessary qualifications for advancement, and the 
compensation programs and reward structures utilized in the 
corporate sector would assist in the establishment of practices 
and policies promoting opportunities for, and eliminating artifi-
42 u s e 1981 
note. 
Gleiss Ceiling 
Act of 1991. 
Women. 
Minorities. 
42 u s e 2000e 
note. 
42 u s e 2000e 
note. 
105 STAT. 1082 
PUBLIC LAW 102-166—NOV. 21, 1991 
cial barriers to, the advancement of women and minorities to 
management and decisionmaking positions; and 
(7) a national award recognizing employers whose practices 
and policies promote opportunities for, and eliminate artificial 
barriers to, the advancement of women and minorities will 
foster the advancement of women and minorities into higher 
level positions by— 
(A) helping to encourage United States companies to 
modify practices and policies to promote opportunities for, 
and eliminate artificial barriers to, the upward mobility of 
women and minorities; and 
(B) providing specific guidance for other United States 
employers that wish to learn how to revise practices and 
policies to improve the access and employment opportuni-
ties of women and minorities. 
(b) PURPOSE.—The purpose of this title is to establish— 
(1) a Glsiss Ceiling Commission to study— 
(A) the manner in which business fills management and 
decisionmaking positions; 
(B) the developmental and skill-enhancing practices used 
to foster the necessary qualifications for advancement into 
such positions; and 
(C) the compensation programs and reward structures 
currently utilized in the workplace; and 
(2) an annual award for excellence in promoting a more 
diverse skilled work force at the management and decisionmak-
ing levels in business. 
42 use 2000e 
SEC. 203. ESTABLISHMENT OF GLASS CEILING COMMISSION. 
note. 
(a) IN GENERAL.—There is established a Glass Ceiling Commission 
(referred to in this title as the "Commission"), to conduct a study 
and prepare recommendations concerning— 
(1) eliminating artificial barriers to the advancement of 
women and minorities; and 
(2) increasing the opportunities and developmental experi-
ences of women and minorities to foster advancement of women 
and minorities to management and decisionmaking positions in 
business. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be composed of 21 
members, including— 
(A) six individuals appointed by the President; 
(B) six individuals appointed jointly by the Speaker of the 
House of Representatives and the Majority Leader of the 
Senate; 
(C) one individual appointed by the Majority Leader of 
the House of Representatives; 
(D) one individual appointed by the Minority Leader of 
the House of Representatives; 
(E) one individual appointed by the Majority Leader of 
the Senate; 
(F) one individual appointed by the Minority Leader of 
the Senate; 
(G) two Members of the House of Representatives ap-
pointed jointly by the Majority Leader and the Minority 
Leader of the House of Representatives; 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1083 
(H) two Members of the Senate appointed jointly by the 
Majority Leader and the Minority Leader of the Senate; 
and 
(I) the Secretary of Labor. 
(2) CONSIDERATIONS.—In making appointments under sub-
paragraphs (A) and (B) of paragraph (1), the appointing author-
ity shall consider the background of the individuals, including 
whether the individuals— 
(A) are members of organizations representing women 
and minorities, and other related interest groups; 
(B) hold management or decisionmaking positions in cor-
porations or other business entities recognized as leaders on 
issues relating to equal employment opportunity; and 
(C) possess academic expertise or other recognized ability 
regarding employment issues. 
(3) BALANCE.—In making the appointments under subpara-
graphs (A) and (B) of paragraph (1), each appointing authority 
shall seek to include an appropriate balance of appointees from 
among the groups of appointees described in subparagraphs (A), 
(B), and (C) of paragraph (2). 
(c) CHAIRPERSON.—The Secretary of Labor shall serve as the 
Chairperson of the Commission. 
(d) TERM OF OFFICE.—Members shall be appointed for the life of 
the Commission. 
(e) VACANCIES.—Any vacancy occurring in the membership of the 
Commission shall be filled in the same manner as the original 
appointment for the position being vacated. The vacancy shall not 
affect the power of the remaining members to execute the duties of 
the Commission. 
(f) MEETINGS.— 
(1) MEETINGS PRIOR TO COMPLETION OF REPORT.—The Commis-
sion shall meet not fewer than five times in connection with and 
pending the completion of the report described in section 204(b). 
The Commission shall hold additional meetings if the Chair-
person or a majority of the members of the Commission request 
the additional meetings in writing. 
(2) MEETINGS AFTER COMPLETION OF REPORT.—The Commission 
shall meet once each year after the completion of the report 
described in section 204(b). The Commission shall hold addi-
tional meetings if the Chairperson or a majority of the members 
of the Commission request the additional meetings in writing. 
(g) QUORUM.—A majority of the Commission shall constitute a 
quorum for the transaction of business. 
(h) COMPENSATION AND EXPENSES.— 
(1) COMPENSATION.—Each member of the Commission who is 
not an employee of the Federal Government shall receive com-
pensation at the daily equivalent of the rate specified for level V 
of the Executive Schedule under section 5316 of title 5, United 
States Code, for each day the member is engaged in the 
performance of duties for the Commission, including attendance 
at meetings and conferences of the Commission, and travel to 
conduct the duties of the Commission. 
(2) TRAVEL EXPENSES.—Each member of the Commission shall 
receive travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, for each 
105 STAT. 1084 
PUBLIC LAW 102-166—NOV. 21, 1991 
day the member is engaged in the performance of duties away 
from the home or regular place of business of the member. 
(3) EMPLOYMENT STATUS.—A member of the Commission, who 
is not otherwise an employee of the Federal Government, shall 
not be deemed to be an employee of the Federal Government 
except for the purposes of— 
(A) the tort claims provisions of chapter 171 of title 28, 
United States Code; and 
(B) subchapter I of chapter 81 of title 5, United States 
Code, relating to compensation for work injuries. 
42 u s e 20006 
SEC. 204. RESEARCH ON ADVANCEMENT OF WOMEN AND MINORITIES TO 
note. 
MANAGEMENT 
AND DECISIONMAKING 
POSITIONS 
IN 
BUSINESS. 
(a) ADVANCEMENT STUDY.—The Commission shall conduct a study 
of opportunities for, and artificial barriers to, the advancement of 
women and minorities to management and decisionmaking positions 
in business. In conducting the study, the Commission shall— 
(1) examine the preparedness of women and minorities to 
advance to management and decisionmaking positions in busi-
ness; 
(2) examine the opportunities for women and minorities to 
advance to management and decisionmaking positions in busi-
ness; 
(3) conduct basic research into the practices, policies, and 
manner in which management and decisionmaking positions in 
business are filled; 
(4) conduct comparative research of businesses and industries 
in which women and minorities are promoted to management 
and decisionmaking positions, and businesses and industries in 
which women and minorities are not promoted to msinagement 
and decisionmaking positions; 
(5) compile a synthesis of available research on programs and 
practices that have successfully led to the advancement of 
women and minorities to management and decisionmaking posi-
tions in business, including training programs, rotational 
assignments, developmental programs, reward programs, em-
ployee benefit structures, and family leave policies; and 
(6) examine any other issues and information relating to the 
advancement of women and minorities to management and 
decisionmaking positions in business. 
(b) REPORT.—Not later than 15 months after the date of the 
enactment of this Act, the Commission shall prepare and submit to 
the President and the appropriate committees of Congress a written 
report containing— 
(1) the findings and conclusions of the Commission resulting 
from the study conducted under subsection (a); and 
(2) recommendations based on the findings and conclusions 
described in paragraph (1) relating to the promotion of 
opportunities for, and elimination of artificial barriers to, the 
advancement of women and minorities to management and 
decisionmaking positions in business, including recommenda-
tions for— 
(A) policies and practices to fill vacancies at the manage-
ment and decisionmaking levels; 
(B) developmental practices and procedures to ensure 
that women and minorities have access to opportunities to 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT, 1085 
gain the exposure, skills, and expertise necessary to assume 
management and decisionmaking positions; 
(C) compensation programs and reward structures uti-
lized to reward and retain key employees; and 
(D) the use of enforcement (including such enforcement 
techniques as litigation, complaint investigations, compli-
ance reviews, conciliation, administrative 
regulations, 
policy guidance, technical assistance, training, and public 
education) of Federal equal employment opportunity laws 
by Federal agencies as a means of eliminating artificial 
barriers to the advancement of women and minorities in 
employment. 
(c) ADDITIONAL STUDY.—The Commission may conduct such addi-
tional study of the advancement of women and minorities to 
management and decisionmaking positions in business as a majority 
of the members of the Commission determines to be necessary. 
SEC. 205. ESTABLISHMENT OF THE NATIONAL AWARD FOR DIVERSITY 42 USC 2000e 
AND EXCELLENCE IN AMERICAN EXECUTIVE MANAGEMENT, note. 
(a) IN GENERAL.—There is established the National Award for 
Diversity and Excellence in American Executive Management, 
which shall be evidenced by a medal bearing the inscription 
"Frances Perkins-Elizabeth Hanford Dole National Award for 
Diversity and Excellence in American Executive Management". The 
medal shall be of such design and materials, and bear such addi-
tional inscriptions, as the Commission may prescribe. 
(b) CRITERIA FOR QUALIFICATION.—To qualify to receive an award 
under this section a business shall— 
(1) submit a written application to the Commission, at such 
time, in such manner, and containing such information as the 
Commission may require, including at a minimum information 
that demonstrates that the business has made substantial effort 
to promote the opportunities and developmental experiences of 
women and minorities to foster advancement to management 
and decisionmaking positions within the business, including the 
elimination of artificial barriers to the advancement of women 
and minorities, and deserves special recognition as a con-
sequence; and 
(2) meet such additional requirements and specifications as 
the Commission determines to be appropriate. 
(c) MAKING AND PRESENTATION OF AWARD.— 
(1) AWARD.—After receiving recommendations from the President. 
Commission, the President or the designated representative of 
the President shall annually present the award described in 
subsection (a) to businesses that meet the qualifications de-
scribed in subsection (b). 
(2) PRESENTATION.—The President or the designated rep- President, 
resentative of the President shall present the award with such 
ceremonies sis the President or the designated representative of 
the President may determine to be appropriate. 
(3) PuBUCiTY.—A business that receives an award under this 
section may publicize the receipt of the award and use the 
award in its advertising, if the business agrees to help other 
United States businesses improve with respect to the promotion 
of opportunities and developmental experiences of women and 
minorities to foster the advancement of women and minorities 
to management and decisionmaking positions. 
105 STAT. 1086 
PUBLIC LAW 102-166—NOV. 21, 1991 
42 use 2000e 
note. 
42 u s e 2000e 
note. 
(d) BUSINESS.—For the purposes of this section, the term "busi-
ness" includes— 
(1)(A) a corporation including nonprofit corporations; 
(B) a partnership; 
(C) a professional association; 
(D) a labor organization; and 
(E) a business entity similar to an entity described in subpara-
graphs (A) through (D); 
(2) an education referral program, a training program, such 
as an apprenticeship or management training program or a 
similar program; and 
(3) a joint program formed by a combination of any entities 
described in paragraph (1) or (2). 
SEC. 206. POWERS OF THE COMMISSION. 
(a) IN GENERAL.—The Commission is authorized to— 
(1) hold such hearings and sit and act at such times; 
(2) take such testimony; 
(3) have such printing and binding done; 
(4) enter into such contracts and other arrangements; 
(5) make such expenditures; and 
(6) take such other actions; 
as the Commission may determine to be necessary to carry out the 
duties of the Commission. 
(b) OATHS.—Any member of the Commission may administer 
oaths or affirmations to witnesses appearing before the Commission. 
(c) OBTAINING 
INFORMATION 
FROM 
FEDERAL 
AGENCIES.—The 
Commission may secure directly from any Federal agency such 
information as the Commission may require to carry out its duties. 
(d) VOLUNTARY SERVICE.—Notwithstanding section 1342 of title 31, 
United States Code, the Chairperson of the Commission may accept 
for the Commission voluntary services provided by a member of the 
Commission, 
(e) GIFTS AND DONATIONS.—The Commission may accept, use, and 
dispose of gifts or donations of property in order to carry out the 
duties of the Commission. 
(f) USE OF MAIL.—The Commission may use the United States 
mails in the same manner and under the same conditions as Federal 
agencies. 
SEC. 207. CONFIDENTIALITY OF INFORMATION. 
(a) INDIVIDUAL BUSINESS INFORMATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), and 
notwithstanding section 552 of title 5, United States Code, in 
carrying out the duties of the Commission, including the duties 
described in sections 204 and 205, the Commission shall main-
tain the confidentiality of all information that concerns— 
(A) the employment practices and procedures of individ-
ual businesses; or 
(B) individual employees of the businesses. 
(2) CONSENT.—The content of any information described in 
paragraph (1) may be disclosed with the prior written consent of 
the business or employee, as the case may be, with respect to 
which the information is maintained. 
(b) AGGREGATE INFORMATION.—In carrying out the duties of the 
Commission, the Commission may disclose— 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1087 
(1) information about the aggregate employment practices or 
procedures of a class or group of businesses; and 
(2) information about the aggregate characteristics of employ-
ees of the businesses, and related aggregate information about 
the employees. 
SEC. 208. STAFF AND CONSULTANTS. 
(a) STAFF.— 
(1) APPOINTMENT AND COMPENSATION.—The Commission may 
appoint and determine the compensation of such staff £is the 
Commission determines to be necessary to carry out the duties 
of the Commission. 
(2) LIMITATIONS.—The rate of compensation for each staff 
member shall not exceed the daily equivalent of the rate speci-
fied for level V of the Executive Schedule under section 5316 of 
title 5, United States Code for each day the staff member is 
engaged in the performance of duties for the Commission. The 
Commission may otherwise appoint and determine the com-
pensation of staff without regard to the provisions of title 5, 
United States Code, that govern appointments in the competi-
tive service, and the provisions of chapter 51 and subchapter III 
of chapter 53 of title 5, United States Code, that relate to 
classification and General Schedule pay rates. 
(b) EXPERTS AND CONSULTANTS.—The Chairperson of the Commis-
sion may obtain such temporary and intermittent services of experts 
and consultants and compensate the experts and consultants in 
accordance with section 3109(b) of title 5, United States Code, as the 
Commission determines to be necessary to carry out the duties of 
the Commission. 
(c) DETAIL OF FEDERAL EMPLOYEES.—On the request of the Chair-
person of the Commission, the head of any Federal agency shall 
detail, without reimbursement, any of the personnel of the agency to 
the Commission to assist the Commission in carrying out its duties. 
Any detail shall not interrupt or otherwise affect the civil service 
status or privileges of the Federal employee. 
(d) TECHNICAL ASSISTANCE.—On the request of the Chairperson of 
the Commission, the head of a Federal agency shall provide such 
technical assistance to the Commission as the Commission deter-
mines to be necessary to carry out its duties. 
SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Commission such 
sums as may be necessary to carry out the provisions of this title. 
The sums shall remain available until expended, without fiscal year 
limitation. 
SEC. 210. TERMINATION. 
(a) COMMISSION.—Notwithstanding section 15 of the Federal Ad 
visory Committee Act (5 U.S.C. App.), the Commission shall termi-
nate 4 years after the date of the enactment of this Act. 
(b) AWARD.—The authority to make awards under section 205 
shall terminate 4 years after the date of the enactment of this Act. 
42 use 2000e 
note. 
42 use 2000e 
note. 
42 u s e 2000e 
note. 
105 STAT. 1088 
PUBLIC LAW 102-166—NOV. 21, 1991 
imXTe'Sights 
TITLE III—GOVERNMENT EMPLOYEE 
Act of 1991. 
RIGHTS 
2 use 1201. 
SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991. 
(a) SHORT TITLE.—This title may be cited as the "Government 
Employee Rights Act of 1991". 
(b) PURPOSE.—The purpose of this title is to provide procedures to 
protect the right of Senate and other government employees, with 
respect to their public employment, to be free of discrimination on 
the basis of race, color, religion, sex, national origin, age, or disabil-
ity. 
(c) DEFINITIONS.—For purposes of this title: 
(1) SENATE EMPLOYEE.—The term "Senate employee" or "em-
ployee" means— 
(A) any employee whose pay is disbursed by the Secretary 
of the Senate; 
(B) any employee of the Architect of the Capitol who is 
assigned to the Senate Restaurants or to the Superintend-
ent of the Senate Office Buildings; 
(C) any applicant for a position that will last 90 days or 
more and that is to be occupied by an individual described 
in subparagraph (A) or (B); or 
(D) any individual who was formerly an employee de-
scribed in subparagraph (A) or (B) and whose claim of a 
violation arises out of the individual's Senate employment. 
(2) HEAD OF EMPLOYING OFFICE.—The term "head of employing 
office" means the individual who has final authority to appoint, 
hire, discharge, and set the terms, conditions or privileges of the 
Senate employment of an employee. 
(3) VIOLATION.—The term "violation" means a practice that 
violates section 302 of this title. 
2 use 1202. 
SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED. 
All personnel actions affecting employees of the Senate shall be 
made free from any discrimination based on— 
(1) race, color, religion, sex, or national origin, within the 
meaning of section 717 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-16); 
(2) age, within the meaning of section 15 of the Age Discrimi-
nation in Employment Act of 1967 (29 U.S.C. 633a); or 
(3) handicap or disability, within the meaning of section 501 of 
the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102-
104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12112-14). 
2 use 1203. 
SEC. 303. ESTABLISHMENT OF OFFICE OF SENATE FAIR EMPLOYMENT 
PRACTICES. 
(a) IN GENERAL.—There is established, as an office of the Senate, 
the Office of Senate Fair Employment Practices (referred to in this 
title as the "Office"), which shall— 
(1) administer the processes set forth in sections 305 through 
307; 
(2) implement programs for the Senate to heighten awareness 
of employee rights in order to prevent violations from occurring. 
(b) DIRECTOR.— 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1089 
(1) IN GENERAL.—The Office shall be headed by a Director 
(referred to in this title as the "Director") who shall be ap-
pointed by the President pro tempore, upon the recommenda-
tion of the Majority Leader in consultation with the Minority 
Leader. The appointment shall be made without regard to 
political affiliation and solely on the basis of fitness to perform 
the duties of the position. The Director shall be appointed for a 
term of service which shall expire at the end of the Congress 
following the Congress during which the Director is appointed. 
A Director may be reappointed at the termination of any term 
of service. The President pro tempore, upon the joint rec-
ommendation of the Majority Leader in consultation with the 
Minority Leader, may remove the Director at any time. 
(2) SALARY.—The President pro tempore, upon the rec-
ommendation of the Majority Leader in consultation with the 
Minority Leader, shall establish the rate of pay for the Director, 
The salary of the Director may not be reduced during the 
employment of the Director and shall be increased at the same 
time and in the same manner as fixed statutory salary rates 
within the Senate are adjusted as a result of annual comparabil-
ity increases. 
(3) ANNUAL BUDGET.—The Director shall submit an annual 
budget request for the Office to the Committee on Appropria-
tions. 
(4) APPOINTMENT OF DIRECTOR.—The first Director shall be 
appointed and begin service within 90 days after the date of 
enactment of this Act, and thereafter the Director shall be 
appointed and begin service within 30 days after the beginning 
of the session of the Congress immediately following the termi-
nation of a Director's term of service or within 60 days after a 
vacancy occurs in the position. 
(c) STAFF OF THE OFFICE.— 
(1) APPOINTMENT.—The Director may appoint and fix the 
compensation of such additional staff, including hearing offi-
cers, as are necessary to carry out the purposes of this title. 
(2) DETAILEES.—The Director may, with the prior consent of 
the Government department or agency concerned and the 
Committee on Rules and Administration, use on a reimbursable 
or nonreimbursable basis the services of any such department 
or agency, including the services of members or personnel of the 
General Accounting Office Personnel Appeals Board. 
(3) CONSULTANTS.—In carrying out the functions of the Office, 
the Director may procure the temporary (not to exceed 1 year) 
or intermittent services of individual consultants, or organiza-
tions thereof, in the same manner and under the same condi-
tions as a standing committee of the Senate may procure such 
services under section 202(i) of the Legislative Reorganization 
Act of 1946 (2 U.S.C. 72a(i)). 
(d) EXPENSES OF THE OFFICE.—In fiscal year 1992, the expenses of 
the Office shall be paid out of the Contingent Fund of the Senate 
from the appropriation account Miscellaneous Items. Beginning in Appropriation 
fiscal year 1993, and for each fiscal year thereafter, there is au- authorization, 
thorized to be appropriated for the expenses of the Office such sums 
as shall be necessary to carry out its functions. In all cases, expenses 
shall be paid out of the Contingent Fund of the Senate upon 
vouchers approved by the Director, except that a voucher shall not 
be required for— 
105 STAT. 1090 
PUBLIC LAW 102-166—NOV. 21, 1991 
(1) the disbursement of salaries of employees who are paid at 
an annual rate; 
(2) the payment of expenses for telecommunications services 
provided by the Telecommunications Department, Sergeant at 
Arms, United States Senate; 
(3) the payment of expenses for stationery supplies purchased 
through the Keeper of the Stationery, United States Senate; 
(4) the payment of expenses for postage to the Postmaster, 
United States Senate; and 
(5) the payment of metered charges on copying equipment 
provided by the Sergeant at Arms, United States Senate. 
The Secretary of the Senate is authorized to advance such sums as 
may be necessary to defray the expenses incurred in carrying out 
this title. Expenses of the Office shall include authorized travel for 
personnel of the Office. 
(e) RULES OF THE OFFICE.—The Director shall adopt rules govern-
ing the procedures of the Office, including the procedures of hearing 
boards, which rules shall be submitted to the President pro tempore 
for publication in the Congressional Record. The rules may be 
amended in the same manner. The Director may consult with the 
Chairman of the Administrative Conference of the United States on 
the adoption of rules. 
(f) REPRESENTATION BY THE SENATE LEGAL COUNSEL.—For 
the 
purpose of representation by the Senate Legal Counsel, the Office 
shall be deemed a committee, within the meaning of title VII of the 
Ethics in Government Act of 1978 (2 U.S.C. 288, et seq.). 
2 u s e 1204. 
SEC. 304. SENATE PROCEDURE FOR CONSIDERATION OF ALLEGED VIO-
LATIONS. 
The Senate procedure for consideration of alleged violations con-
sists of 4 steps as follows: 
(1) Step I, counseling, as set forth in section 305. 
(2) Step II, mediation, as set forth in section 306. 
(3) Step III, formal complaint and hearing by a hearing board, 
as set forth in section 307. 
(4) Step IV, review of a hearing board decision, as set forth in 
section 308 or 309. 
2USC1205. 
SEC. 305. STEP I: COUNSELING. 
(a) IN GENERAL.—A Senate employee alleging a violation may 
request counseling by the Office. The Office shall provide the em-
ployee with all relevant information with respect to the rights of the 
employee. A request for counseling shall be made not later than 180 
days after the alleged violation forming the basis of the request for 
counseling occurred. No request for counseling may be made until 
10 days after the first Director begins service pursuant to section 
303(bX4). 
(h) PERIOD OF COUNSELING.—The period for counseling shall be 30 
days unless the employee and the Office sigree to reduce the period. 
The period shall begin on the date the request for counseling is 
received. 
(c) EMPLOYEES OF THE ARCHITECT OF THE CAPITOL AND CAPITOL 
POLICE.—In the case of an employee of the Architect of the Capitol 
or an employee who is a member of the Capitol Police, the Director 
may refer the employee to the Architect of the Capitol or the Capitol 
Police Board for resolution of the employee's complaint through the 
internal grievance procedures of the Architect of the Capitol or the 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1091 
Capitol Police Board for a specific period of time, which shall not 
count against the time available for counseling or mediation under 
this title. 
SEC. 306. STEP II: MEDIATION. 
2 USC 1206. 
(a) IN GENERAL.—Not later than 15 days after the end of the 
counseling period, the employee may file a request for mediation 
with the Office. Mediation may include the Office, the employee, 
and the employing office in a process involving meetings with the 
parties separately or jointly for the purpose of resolving the dispute 
between the employee and the employing office. 
(b) MEDIATION PERIOD.—The mediation period shall be 30 days 
beginning on the date the request for mediation is received and may 
be extended for an additional 30 days at the discretion of the Office. 
The Office shall notify the employee and the head of the employing 
office when the mediation period has ended. 
SEC. 307. STEP III: FORMAL COMPLAINT AND HEARING. 
2 USC 1207. 
(a) FORMAL COMPLAINT AND REQUEST FOR HEARING.—Not later 
than 30 days after receipt by the employee of notice from the Office 
of the end of the mediation period, the Senate employee may file a 
formal complaint with the Office. No complaint may be filed unless 
the employee has made a timely request for counseling and has 
completed the procedures set forth in sections 305 and 306. 
(b) HEARING BOARD.—A board of 3 independent hearing officers 
(referred to in this title as "hearing board"), who are not Senators or 
officers or employees of the Senate, chosen by the Director (one of 
whom shall be designated by the Director as the presiding hearing 
officer) shall be assigned to consider each complaint filed under this 
section. The Director shall appoint hearing officers after considering 
any candidates who are recommended to the Director by the Federal 
Mediation and Conciliation Service, the Administrative Conference 
of the United States, or organizations composed primarily of individ-
uals experienced in adjudicating or arbitrating personnel matters. A 
hearing board shall act by majority vote. 
(c) DISMISSAL OF FRIVOLOUS CLAIMS.—Prior to a hearing under 
subsection (d), a hearing board may dismiss any claim that it finds to 
be frivolous. 
(d) HEARING.—A hearing shall be conducted— 
(1) in closed session on the record by a hearing board; 
(2) no later than 30 days after filing of the complaint under 
subsection (a), except that the Office may, for good cause, extend 
up to an additional 60 days the time for conducting a hearing; 
and 
(3) except as specifically provided in this title and to the 
greatest extent practicable, in accordance with the principles 
and procedures set forth in sections 554 through 557 of title 5, 
United States Code. 
(e) DISCOVERY.—Reasonable prehearing discovery may be per-
mitted at the discretion of the hearing board. 
(f) SUBPOENA.— 
(1) AUTHORIZATION.—A hearing board may authorize subpoe-
nas, which shall be issued by the presiding hearing officer on 
behalf of the hearing board, for the attendance of witnesses at 
proceedings of the hearing board and for the production of 
correspondence, books, papers, documents, and other records. 
105 STAT. 1092 
PUBLIC LAW 102-166—NOV. 21, 1991 
(2) OBJECTIONS,—If a witness refuses, on the basis of rel-
evance, privilege, or other objection, to testify in response to a 
question or to produce records in connection with the proceed-
ings of a hearing board, the hearing board shall rule on the 
objection. At the request of the witness, the employee, or 
employing office, or on its own initiative, the hearing board may 
refer the objection to the Select Committee on Ethics for a 
ruling. 
(3) ENFORCEMENT.—The Select Committee on Ethics may 
make to the Senate any recommendations by report or resolu-
tion, including recommendations for criminal or civil enforce-
ment by or on behalf of the Office, which the Select Committee 
on Ethics may consider appropriate with respect to— 
(A) the failure or refusal of any person to appear in 
proceedings under this or to produce records in obedience to 
a subpoena or order of the hearing board; or 
(B) the failure or refusal of any person to answer ques-
tions during his or her appearance as a witness in a 
proceeding under this section. 
For purposes of section 1365 of title 28, United States Code, the 
Office shall be deemed to be a committee of the Senate. 
(g) DECISION.—The hearing board shall issue a written decision as 
expeditiously as possible, but in no case more than 45 days after the 
conclusion of the hearing. The written decision shall be transmitted 
by the Office to the employee and the employing office. The decision 
shall state the issues raised by the complaint, describe the evidence 
in the record, and contain a determination as to whether a violation 
has occurred. 
(h) REMEDIES.—If the hearing board determines that a violation 
has occurred, it shall order such remedies as would be appropriate if 
awarded under section 706 (g) and (k) of the Civil Rights Act of 1964 
(42 U.S.C. 2000e-5 (g) and (k)), and may also order the award of such 
compensatory damages as would be appropriate if awarded under 
section 1977 and section 1977A (a) and (b)(2) of the Revised Statutes 
(42 U.S.C. 1981 and 1981A (a) and (b)(2)). In the case of a determina-
tion that a violation based on age has occurred, the hearing board 
shall order such remedies as would be appropriate if awarded under 
section 15(c) of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 633a(c)). Any order requiring the payment of money must 
be approved by a Senate resolution reported by the Committee on 
Rules and Administration. The hearing board shall have no author-
ity to award punitive damages. 
(i) PRECEDENT AND INTERPRETATIONS.—Hearing boards shall be 
guided by judicial decisions under statutes referred to in section 302 
and subsection (h) of this section, as well as the precedents devel-
oped by the Select Committee on Ethics under section 308, and other 
Senate precedents. 
2 use 1208. 
SEC. 308. REVIEW BY THE SELECT COMMITTEE ON ETHICS. 
(a) IN GENERAL.—An employee or the head of an emplo3dng office 
may request that the Select Committee on Ethics (referred to in this 
section as the "Committee"), or such other entity as the Senate may 
designate, review a decision under section 307, including any deci-
sion following a remand under subsection (c), by filing a request for 
review with the Office not later than 10 days after the receipt of the 
decision of a hearing board. The Office, at the discretion of the 
Director, on its own initiative and for good cause, may file a request 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1093 
for review by the Committee of a decision of a hearing board not 
later than 5 days after the time for the employee or employing office 
to file a request for review has expired. The Office shall transmit a 
copy of any request for review to the Committee and notify the 
interested parties of the filing of the request for review. 
Ot)) REVIEW.—Review under this section shall be based on the 
record of the hearing board. The Committee shall adopt and publish 
in the Congressional Record procedures for requests for review 
under this section. 
(c) REMAND.—Within the time for a decision under subsection (d), 
the Committee may remand a decision no more than one time to the 
hearing board for the purpose of supplementing the record or for 
further consideration. 
(d) FINAL DECISION.— 
(1) HEARING BOARD.—If no timely request for review is filed 
under subsection (a), the Office shall enter as a final decision, 
the decision of the hearing board. 
(2) SELECT COMMITTEE ON ETHICS.— 
Records. 
(A) If the Committee does not remand under subsection 
(c), it shall transmit a written final decision to the Office for 
entry in the records of the Office. The Committee shall 
transmit the decision not later than 60 calendar days 
during which the Senate is in session after the filing of a 
request for review under subsection (a). The Committee 
may extend for 15 calendar days during which the Senate is 
in session the period for transmission to the Office of a final 
decision. 
(B) The decision of the hearing board shall be deemed to 
be a final decision, and entered in the records of the Office 
as a final decision, unless a majority of the Committee votes 
to reverse or remand the decision of the hearing board 
within the time for transmission to the Office of a final 
decision. 
(C) The decision of the hearing board shall be deemed to 
be a final decision, and entered in the records of the Office 
as a final decision, if the Committee, in its discretion, 
decides not to review, pursuant to a request for review 
under subsection (a), a decision of the hearing board, and 
notifies the interested parties of such decision. 
(3) ENTRY OF A FINAL DECISION.—The entry of a final decision 
in the records of the Office shall constitute a final decision for 
purposes of judicial review under section 309. 
(e) STATEMENT OF REASONS.—Any decision of the Committee under 
subsection (c) or subsection (d)(2)(A) shall contain a written state-
ment of the reasons for the Committee's decision. 
SEC. 309. JUDICIAL REVIEW. 
2 USC 1209. 
(a) IN GENERAL.—Any Senate employee aggrieved by a final deci-
sion under section 308(d), or any Member of the Senate who would 
be required to reimburse the appropriate Federal account pursuant 
to the section entitled "Payments by the President or a Member of 
the Senate" and a final decision entered pursuant to section 
308(d)(2)(B), may petition for review by the United States Court of 
Appeals for the Federal Circuit. 
(b) LAW APPLICABLE.—Chapter 158 of title 28, United States Code, 
shall apply to a review under this section except that— 
105 STAT. 1094 
PUBLIC LAW 102-166—NOV. 21, 1991 
(1) with respect to section 2344 of title 28, United States Code, 
service of the petition shall be on the Senate Legal Counsel 
rather than on the Attorney General; 
(2) the provisions of section 2348 of title 28, United States 
Code, on the authority of the Attorney General, shall not apply; 
(3) the petition for review shall be filed not later than 90 days 
after the entry in the Office of a final decision under section 
308(d); 
(4) the Office shall be an "agency" as that term is used in 
chapter 158 of title 28, United States Code; and 
(5) the Office shall be the respondent in any proceeding under 
this section. 
(c) STANDARD OF REVIEW.—To the extent necessary to decision and 
when presented, the court shall decide all relevant questions of law 
and interpret constitutional and statutory provisions. The court 
shall set aside a final decision if it is determined that the decision 
was— 
(1) arbitrary, capricious, an abuse of discretion, or otherwise 
not consistent with law; 
(2) not made consistent with required procedures; or 
(3) unsupported by substantial evidence. 
In making the foregoing determinations, the court shall review the 
whole record, or those parts of it cited by a party, and due account 
shall be taken of the rule of prejudicial error. The record on review 
shall include the record before the hearing board, the decision of the 
hearing board, and the decision, if any, of the Select Committee on 
Ethics. 
(d) ATTORNEY'S FEES.—If an employee is the prevailing party in a 
proceeding under this section, attorney's fees may be allowed by the 
court in accordance with the standards prescribed under section 
706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)). 
2 use 1210. 
SEC. 310. RESOLUTION OF COMPLAINT. 
If, after a formal complaint is filed under section 307, the em-
ployee and the head of the employing office resolve the issues 
involved, the employee may dismiss the complaint or the parties 
may enter into a written agreement, subject to the approval of the 
Director. 
2USC1211. 
SEC. 311. COSTS OF ATTENDING HEARINGS. 
Subject to the approval of the Director, an employee with respect 
to whom a hearing is held under this title may be reimbursed for 
actual and reasonable costs of attending proceedings under sections 
307 and 308, consistent with Senate travel regulations. Senate Reso-
lution 259, agreed to August 5, 1987 (100th Congress, 1st Session), 
shall apply to witnesses appearing in proceedings before a hearing 
board. 
2 use 1212. 
SEC. 312. PROHIBITION OF INTIMIDATION. 
Any intimidation of, or reprisal against, any employee by any 
Member, officer, or employee of the Senate, or by the Architect of 
the Capitol, or anyone employed by the Architect of the Capitol, as 
the case may be, because of the exercise of a right under this title 
constitutes an unlawful employment practice, which may be rem-
edied in the same manner under this title as is a violation. 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1095 
SEC. 313. CONFIDENTIALITY. 
2 USC 1213. 
(a) CouNSEUNG.—All counseling shall be strictly confidential 
except that the Office and the employee may agree to notify the 
head of the emplo5dng office of the allegations. 
(b) MEDIATION.—All mediation shall be strictly confidential. 
(c) HEARINGS.—Except as provided in subsection (d), the hearings, 
deliberations, and decisions of the hearing board and the Select 
Committee on Ethics shall be confidential. 
(d) FINAL DECISION OF SELECT COMMITTEE ON ETHICS.—The final 
decision of the Select Committee on Ethics under section 308 shall 
be made public if the decision is in favor of the complaining Senate 
employee or if the decision reverses a decision of the hearing board 
which had been in favor of the employee. The Select Committee on 
Ethics may decide to release any other decision at its discretion. In 
the absence of a proceeding under section 308, a decision of the 
hearing board that is favorable to the employee shall be made 
public. 
(e) RELEASE OF RECORDS FOR JUDICIAL REVIEW.—The records and 
decisions of hearing boards, and the decisions of the Select Commit-
tee on Ethics, may be made public if required for the purpose of 
judicial review under section 309. 
SEC. 314. EXERCISE OF RULEMAKING POWER. 
2 USC 1214. 
The provisions of this title, except for sections 309, 320, 321, and 
322, are enacted by the Senate as an exercise of the rulemaking 
power of the Senate, with full recognition of the right of the Senate 
to change its rules, in the same manner, and to the same extent, as 
in the case of any other rule of the Senate. Notwithstanding any 
other provision of law, except as provided in section 309, enforce-
ment and adjudication with respect to the discriminatory practices 
prohibited by section 302, and arising out of Senate employment, 
shall be within the exclusive jurisdiction of the United States 
Senate. 
SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS. 
Section 509 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12209) is amended— 
(1) in subsection (a)— 
(A) by striking paragraphs (2) through (5); 
(B) by redesignating paragraphs (6) and (7) as paragraphs 
(2) and (3), respectively; and 
(C) in paragraph (3), as redesignated by subparagraph (B) 
of this paragraph— 
(i) by striking "(2) and (6XA)" and inserting "(2XA)", 
as redesignated by subparagraph (B) of this paragraph; 
and 
(ii) by striking "(3), (4), (5), (6)(B), and (6)(C)" and 
inserting "(2)"; and 
(2) in subsection (c)(2), by inserting ", except for the employees 
who are defined as Senate employees, in section 301(c)(1) of the 
Civil Rights Act of 1991" after "shall apply exclusively". 
SEC. 316. POLITICAL AFFILIATION AND PLACE OF RESIDENCE. 
2 USC 1215. 
(a) IN GENERAL.—It shall not be a violation with respect to an 
employee described in subsection (b) to consider the— 
(1) party affiliation; 
(2) domicile; or 
105 STAT. 1096 
PUBLIC LAW 102-166—NOV. 21, 1991 
(3) political compatibility with the employing office, 
of such an employee with respect to employment decisions. 
(h) DEFINITION.—For purposes of this section, the term "em-
ployee" means— 
(1) an employee on the staff of the Senate leadership; 
(2) an employee on the staff of a committee or subcommittee; 
(3) an employee on the staff of a Member of the Senate; 
(4) an officer or employee of the Senate elected by the Senate 
or appointed by a Member, other than those described in para-
graphs (1) through (3); or 
(5) an applicant for a position that is to be occupied by an 
individual described in paragraphs (1) through (4). 
2 use 1216. 
SEC. 317. OTHER REVIEW. 
No Senate employee may commence a judicial proceeding to 
redress discriminatory practices prohibited under section 302 of this 
title, except as provided in this title. 
2 use 1217. 
SEC. 318. OTHER INSTRUMENTALITIES OF THE CONGRESS. 
It is the sense of the Senate that legislation should be enacted to 
provide the same or comparable rights and remedies as are provided 
under this title to employees of instrumentalities of the Congress 
not provided with such rights and remedies. 
2 use 1218. 
SEC. 319. RULE XLII OF THE STANDING RULES OF THE SENATE. 
(a) REAFFIRMATION.—The Senate reaffirms its commitment to 
Rule XLII of the Standing Rules of the Senate, which provides as 
follows: 
"No Member, officer, or employee of the Senate shall, with respect 
to employment by the Senate or any office thereof— 
"(a) fail or refuse to hire an individual; 
"0?) discharge an individual; or 
"(c) otherwise discriminate against an individual with respect 
to promotion, compensation, or terms, conditions, or privileges 
of employment 
on the basis of such individual's race, color, religion, sex, national 
origin, age, or state of physical handicap.". 
(b) AUTHORITY TO DISCIPLINE.—Notwithstanding any provision of 
this title, including any provision authorizing orders for remedies to 
Senate employees to redress employment discrimination, the Select 
Committee on Ethics shall retain full power, in accordance with its 
authority under Senate Resolution 338, 88th Congress, as amended, 
with respect to disciplinary action against a Member, officer, or 
employee of the Senate for a violation of Rule XLII. 
2 use 1219. 
SEC. 320. COVERAGE OF PRESIDENTIAL APPOINTEES. 
(a) IN GENERAL.— 
(1) APPLICATION.—The rights, protections, and remedies pro-
vided pursuant to section 302 and 307(h) of this title shall apply 
with respect to employment of Presidential appointees. 
(2) ENFORCEMENT BY ADMINISTRATIVE ACTION.—Any Presi-
dential appointee may file a complaint alleging a violation, not 
later than 180 days after the occurrence of the alleged violation, 
with the Equal Employment Opportunity Commission, or such 
other entity as is designated by the President by Executive 
Order, which, in accordance with the principles and procedures 
set forth in sections 554 through 557 of title 5, United States 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1097 
Code, shall determine whether a violation has occurred and 
shall set forth its determination in a final order. If the Equal 
Employment Opportunity Commission, or such other entity as 
is designated by the President pursuant to this section, deter-
mines that a violation has occurred, the final order shall also 
provide for appropriate relief. 
(3) JUDICIAL REVIEW.— 
(A) IN GENERAL.—Any party aggrieved by a final order 
under paragraph (2) may petition for review by the United 
States Court of Appeals for the Federal Circuit. 
(B) LAW APPLICABLE.—Chapter 158 of title 28, United 
States Code, shall apply to a review under this section 
except that the Equal Employment Opportunity Commis-
sion or such other entity as the President may designate 
under paragraph (2) shall be an "agency" as that term is 
used in chapter 158 of title 28, United States Code. 
(C) STANDARD OF REVIEW.—To the extent necessary to 
decision and when presented, the reviewing court shall 
decide all relevant questions of law and interpret constitu-
tional and statutory provisions. The court shall set aside a 
final order under paragraph (2) if it is determined that the 
order was— 
(i) arbitrary, capricious, an abuse of discretion, or 
otherwise not consistent with law; 
(ii) not made consistent with required procedures; or 
(iii) unsupported by substantial evidence. 
In making the foregoing determinations, the court shall 
review the whole record or those parts of it cited by a party, 
and due account shall be taken of the rule of prejudicial 
error. 
(D) ATTORNEY'S FEES.—If the presidential appointee is the 
prevailing party in a proceeding under this section, attor-
ney's fees may be allowed by the court in accordance with 
the standards prescribed under section 706(k) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-5(k)). 
(b) PRESIDENTIAL APPOINTEE.—For purposes of this section, the 
term "Presidential appointee" means any officer or employee, or an 
applicant seeking to become an officer or employee, in any unit of 
the Executive Branch, including the Executive Office of the Presi-
dent, whether appointed by the President or by any other appoint-
ing authority in the Executive Branch, who is not already entitled to 
bring an action under any of the statutes referred to in section 302 
but does not include any individual— 
(1) whose appointment is made by and with the advice and 
consent of the Senate; 
(2) who is appointed to an advisory committee, as defined in 
section 3(2) of the Federal Advisory Committee Act (5 U.S.C. 
App.); or 
(3) who is a member of the uniformed services. 
SEC. 321. COVERAGE OF PREVIOUSLY EXEMPT STATE EMPLOYEES. 
2 USC 1220. 
(a) APPUCATION.—The rights, protections, and remedies provided 
pursuant to section 302 and 307(h) of this title shall apply with 
respect to employment of any individual chosen or appointed, by a 
person elected to public office in any State or political subdivision of 
any State by the qualified voters thereof— 
(1) to be a member of the elected official's personal staff; 
105 STAT. 1098 
PUBLIC LAW 102-166—NOV. 21, 1991 
(2) to serve the elected official on the policymaking level; or 
(3) to serve the elected official as an immediate advisor with 
respect to the exercise of the constitutional or legal powers of 
the office. 
OJ) ENFORCEMENT BY ADMINISTRATIVE ACTION.— 
(1) IN GENERAL.—Any individual referred to in subsection (a) 
may file a complaint alleging a violation, not later than 180 
days after the occurrence of the alleged violation, with the 
Equal Employment Opportunity Commission, which, in accord-
ance with the principles and procedures set forth in sections 554 
through 557 of title 5, United States Code, shall determine 
whether a violation has occurred and shall set forth its deter-
mination in a final order. If the Equal Employment Oppor-
tunity Commission determines that a violation has occurred, 
the final order shall also provide for appropriate relief. 
(2) REFERRAL TO STATE AND LOCAL AUTHORITIES.— 
(A) APPLICATION.—Section 706(d) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e-5(d)) shall apply with respect to any 
proceeding under this section. 
(B) DEFINITION.—For purposes of the application de-
scribed in subparagraph (A), the term "any charge filed by 
a member of the Commission alleging an unlawful employ-
ment practice" means a complaint filed under this section. 
(c) JUDICIAL REVIEW.—Any party aggrieved by a final order under 
subsection (b) may obtain a review of such order under chapter 158 
of title 28, United States Code. For the purpose of this review, the 
Equal Employment Opportunity Commission shall be an "agency" 
as that term is used in chapter 158 of title 28, United States Code. 
(d) STANDARD OF REVIEW.—To the extent necessary to decision and 
when presented, the reviewing court shall decide all relevant ques-
tions of law and interpret constitutional and statutory provisions. 
The court shall set aside a final order under subsection (b) if it is 
determined that the order was— 
(1) arbitrary, capricious, an abuse of discretion, or otherwise 
not consistent with law; 
(2) not made consistent with required procedures; or 
(3) unsupported by substantial evidence. 
In making the foregoing determinations, the court shall review the 
whole record or those parts of it cited by a party, and due account 
shall be taken of the rule of prejudicial error. 
(e) ATTORNEY'S FEES.—If the individual referred to in subsection 
(a) is the prevailing party in a proceeding under this subsection, 
attorney's fees may be allowed by the court in accordance with the 
standards prescribed under section 706(k) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-5(k)). 
2 use 1221. 
SEC. 322. SEVERABILITY. 
Notwithstanding section 401 of this Act, if any provision of section 
309 or 320(a)(3) is invalidated, both sections 309 and 320(a)(3) shall 
have no force and effect. 
2 use 1222. 
SEC. 323. PAYMENTS BY THE PRESIDENT OR A MEMBER OF THE SENATE. 
The President or a Member of the Senate shall reimburse the 
appropriate Federal account for any payment made on his or her 
behalf out of such account for a violation committed under the 
provisions of this title by the President or Member of the Senate not 
later than 60 days after the payment is made. 
PUBLIC LAW 102-166—NOV. 21, 1991 
105 STAT. 1099 
SEC. 324. REPORTS OF SENATE COMMITTEES. 
2 USC 1223. 
(a) Each report accompanying a bill or joint resolution of a public 
character reported by any committee of the Senate (except the 
Committee on Appropriations and the Committee on the Budget) 
shall contain a listing of the provisions of the bill or joint resolution 
that apply to Congress and an evaluation of the impact of such 
provisions on Congress. 
(b) The provisions of this section are enacted by the Senate as an 
exercise of the rulemaking power of the Senate, with full recogni-
tion of the right of the Senate to change its rules, in the same 
manner, and to the same extent, as in the case of any other rule of 
the Senate. 
SEC. 325. INTERVENTION AND EXPEDITED REVIEW OF CERTAIN APPEALS. 2 USC 1224. 
(a) INTERVENTION.—Because of the constitutional issues that may 
be raised by section 309 and section 320, any Member of the Senate 
may intervene as a matter of right in any proceeding under section 
309 for the sole purpose of determining the constitutionality of such 
section. 
Q)) THRESHOLD MATTER.—In any proceeding under section 309 or 
section 320, the United States Court of Appeals for the Federal 
Circuit shall determine any issue presented concerning the constitu-
tionality of such section as a threshold matter. 
(c) APPEAL.— 
(1) IN GENERAL.—An appeal may by taken directly to the 
Supreme Court of the United States from any interlocutory or 
final judgment, decree, or order issued by the United States 
Court of Appeals for the Federal Circuit ruling upon the con-
stitutionality of section 309 or 320. 
(2) JURISDICTION.—The Supreme Court shall, if it has not 
previously ruled on the question, accept jurisdiction over the 
appeal referred to in paragraph (1), advance the appeal on the 
docket and expedite the appeal to the greatest extent possible. 
TITLE IV—GENERAL PROVISIONS 
SEC. 401. SEVERABILITY. 
If any provision of this Act, or an amendment made by this Act, or 
the application of such provision to any person or circumstances is 
held to be invalid, the remainder of this Act and the amendments 
made by this Act, and the application of such provision to other 
persons and circumstances, shall not be affected. 
SEC. 402. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise specifically provided, this 
Act and the amendments made by this Act shall take effect upon 
enactment. 
(b) CERTAIN DISPARATE IMPACT CASES.—Notwithstanding 
any 
other provision of this Act, nothing in this Act shall apply to any 
disparate impact case for which a complaint was filed before March 
1, 1975, and for which an initial decision w£is rendered after October 
30,1983. 
42 USC 1981 
note. 
42 USC 1981 
note. 
105 STAT. 1100 
PUBLIC LAW 102-166—NOV. 21, 1991 
TITLE V—CIVIL WAR SITES ADVISORY 
COMMISSION 
SEC. 501. CIVIL WAR SITES ADVISORY COMMISSION. 
16 use la-5 
Section 1205 of Public Law 101-628 is amended in subsection (a) 
note. 
by— 
(1) striking "Three" in paragraph (4) and inserting "Four" in 
lieu thereof; and 
(2) striking "Three" in paragraph (5) and inserting "Four" in 
lieu thereof. 
Approved November 21, 1991. 
LEGISLATIVE HISTORY—S. 1745: 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Oct. 25, 29, 30, considered and passed Senate. 
Nov. 7, considered and passed House. 
o