I 

112TH CONGRESS 

1ST SESSION H. R. 1519 

To amend the Fair Labor Standards Act of 1938 to provide more effective 

remedies to victims of discrimination in the payment of wages on the 

basis of sex, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2011 

Ms. DELAURO (for herself, Ms. PELOSI, Mr. GEORGE MILLER of California, 

Ms. CASTOR of Florida, Mr. OLVER, Ms. NORTON, Mrs. CHRISTENSEN, 

Mr. TOWNS, Ms. MOORE, Mrs. LOWEY, Ms. DEGETTE, Mr. RYAN of 

Ohio, Ms. BROWN of Florida, Mr. MURPHY of Connecticut, Mr. ACKERMAN, Mr. WU, Mr. JACKSON of Illinois, Mr. LANGEVIN, Mr. HEINRICH, 

Ms. BERKLEY, Ms. HANABUSA, Mr. RANGEL, Mrs. CAPPS, Ms. RICHARDSON, Mr. VAN HOLLEN, Ms. TSONGAS, Mr. RUSH, Mr. GRIJALVA, Mr. 

LEVIN, Mr. MORAN, Mr. VISCLOSKY, Ms. SUTTON, Mr. YARMUTH, Ms. 

BALDWIN, Mr. HIGGINS, Mr. HASTINGS of Florida, Mr. LUJA ́N, Ms. 

SPEIER, Ms. WATERS, Ms. WOOLSEY, Mr. SERRANO, Mr. HOLT, Mr. 

SARBANES, Mr. CONYERS, Mr. ISRAEL, Mr. NADLER, Mr. SCHIFF, Mr. 

MCDERMOTT, Mr. SIRES, Mr. LOEBSACK, Mr. LEWIS of Georgia, Mrs. 

DAVIS of California, Mr. COOPER, Mr. SCOTT of Virginia, Ms. CHU, Mr. 

DINGELL, Mr. GONZALEZ, Mr. BRALEY of Iowa, Mr. MCGOVERN, Mr. 

PETERS, Mr. LYNCH, Mr. CONNOLLY of Virginia, Ms. CLARKE of New 

York, Mr. JOHNSON of Georgia, Mr. PALLONE, Ms. ROYBAL-ALLARD, 

Mr. HINOJOSA, Mr. ROTHMAN of New Jersey, Mr. BRADY of Pennsylvania, Ms. MCCOLLUM, Mr. DOGGETT, Mr. CARDOZA, Mr. GENE GREEN

of Texas, Mr. CICILLINE, Mr. SHERMAN, Mr. FILNER, Ms. MATSUI, Mr. 

LARSON of Connecticut, Mr. AL GREEN of Texas, Mr. GUTIERREZ, Ms. 

BASS of California, Ms. SCHAKOWSKY, Mr. DOYLE, Ms. HIRONO, Mr. 

DEFAZIO, Mr. BOSWELL, Mr. CARSON of Indiana, Mr. POLIS, Mr. FARR, 

Mr. REYES, Ms. KAPTUR, Mrs. NAPOLITANO, Mr. TIERNEY, Mr. 

ELLISON, Ms. WASSERMAN SCHULTZ, Mr. BUTTERFIELD, Mr. BACA, Mr. 

CLARKE of Michigan, Ms. SEWELL, Mr. MICHAUD, Ms. SCHWARTZ, Mr. 

STARK, Mr. KIND, Mr. KILDEE, Mr. THOMPSON of Mississippi, Mr. 

CROWLEY, Mr. THOMPSON of California, Ms. ZOE LOFGREN of California, Mr. BERMAN, Mr. FRANK of Massachusetts, Ms. BORDALLO, Mr. 

COURTNEY, Mr. HIMES, Mr. HOYER, Mrs. MALONEY, Mr. FATTAH, Ms. 

LORETTA SANCHEZ of California, Mr. WALZ of Minnesota, Mr. 

FALEOMAVAEGA, Ms. LEE of California, Ms. LINDA T. SA ́NCHEZ of California, Mr. COSTELLO, Mr. BISHOP of New York, Mr. CARNAHAN, Mr. 


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WAXMAN, Mr. KUCINICH, Mr. DAVIS of Illinois, Mr. PRICE of North 

Carolina, Mr. BLUMENAUER, Mr. PASCRELL, Mr. MCNERNEY, Mr. HINCHEY, Mr. BECERRA, Mrs. MCCARTHY of New York, Mr. RICHMOND, Ms. 

JACKSON LEE of Texas, Mr. CUMMINGS, Mr. ENGEL, Mr. WELCH, Mr. 

MARKEY, Ms. ESHOO, Mr. CLYBURN, Mr. TONKO, Mr. PERLMUTTER, 

Ms. FUDGE, Mr. COHEN, Mr. NEAL, Mr. DAVID SCOTT of Georgia, Ms. 

SLAUGHTER, Mr. CAPUANO, Mr. BOREN, Ms. WILSON of Florida, Mr. LIPINSKI, Mr. WATT, Ms. VELA ́ZQUEZ, Mr. RAHALL, Mr. PASTOR of Arizona, Mr. PAYNE, Mr. ANDREWS, Mr. WEINER, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. CLAY, Mr. CLEAVER, Mr. ALTMIRE, Mr. 

KEATING, Ms. PINGREE of Maine, Mr. GARAMENDI, and Ms. EDWARDS) 

introduced the following bill; which was referred to the Committee on 

Education and the Workforce 

A BILL 

To amend the Fair Labor Standards Act of 1938 to provide 

more effective remedies to victims of discrimination in 

the payment of wages on the basis of sex, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Paycheck Fairness 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Women have entered the workforce in 

9 record numbers over the past 50 years. 

10 (2) Despite the enactment of the Equal Pay Act 

11 in 1963, many women continue to earn significantly 

12 lower pay than men for equal work. These pay disVerDate Mar 15 2010 21:40 Apr 15, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1519.IH H1519

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1 parities exist in both the private and governmental 

2 sectors. In many instances, the pay disparities can 

3 only be due to continued intentional discrimination 

4 or the lingering effects of past discrimination. 

5 (3) The existence of such pay disparities— 

6 (A) depresses the wages of working fami7 lies who rely on the wages of all members of the 

8 family to make ends meet; 

9 (B) undermines women’s retirement secu10 rity, which is often based on earnings while in 

11 the workforce; 

12 (C) prevents the optimum utilization of 

13 available labor resources; 

14 (D) has been spread and perpetuated, 

15 through commerce and the channels and instru16 mentalities of commerce, among the workers of 

17 the several States; 

18 (E) burdens commerce and the free flow of 

19 goods in commerce; 

20 (F) constitutes an unfair method of com21 petition in commerce; 

22 (G) leads to labor disputes burdening and 

23 obstructing commerce and the free flow of 

24 goods in commerce; 


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1 (H) interferes with the orderly and fair 

2 marketing of goods in commerce; and 

3 (I) in many instances, may deprive workers 

4 of equal protection on the basis of sex in viola5 tion of the 5th and 14th Amendments. 

6 (4)(A) Artificial barriers to the elimination of 

7 discrimination in the payment of wages on the basis 

8 of sex continue to exist decades after the enactment 

9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

10 201 et seq.) and the Civil Rights Act of 1964 (42 

11 U.S.C. 2000a et seq.). 

12 (B) These barriers have resulted, in significant 

13 part, because the Equal Pay Act has not worked as 

14 Congress originally intended. Improvements and 

15 modifications to the law are necessary to ensure that 

16 the Act provides effective protection to those subject 

17 to pay discrimination on the basis of their sex. 

18 (C) Elimination of such barriers would have 

19 positive effects, including— 

20 (i) providing a solution to problems in the 

21 economy created by unfair pay disparities; 

22 (ii) substantially reducing the number of 

23 working women earning unfairly low wages, 

24 thereby reducing the dependence on public as25 sistance; 


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1 (iii) promoting stable families by enabling 

2 all family members to earn a fair rate of pay; 

3 (iv) remedying the effects of past discrimi4 nation on the basis of sex and ensuring that in 

5 the future workers are afforded equal protection 

6 on the basis of sex; and 

7 (v) ensuring equal protection pursuant to 

8 Congress’ power to enforce the 5th and 14th 

9 Amendments. 

10 (5) The Department of Labor and the Equal 

11 Employment Opportunity Commission have impor12 tant and unique responsibilities to help ensure that 

13 women receive equal pay for equal work. 

14 (6) The Department of Labor is responsible 

15 for— 

16 (A) collecting and making publicly avail17 able information about women’s pay; 

18 (B) ensuring that companies receiving 

19 Federal contracts comply with anti-discrimina20 tion affirmative action requirements of Execu21 tive Order 11246 (relating to equal employment 

22 opportunity); 

23 (C) disseminating information about wom24 en’s rights in the workplace; 


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1 (D) helping women who have been victims 

2 of pay discrimination obtain a remedy; and 

3 (E) being proactive in investigating and 

4 prosecuting equal pay violations, especially sys5 temic violations, and in enforcing all of its man6 dates. 

7 (7) The Equal Employment Opportunity Com8 mission is the primary enforcement agency for 

9 claims made under the Equal Pay Act, and issues 

10 regulations and guidance on appropriate interpreta11 tions of the law. 

12 (8) With a stronger commitment by the Depart13 ment of Labor and the Equal Employment Oppor14 tunity Commission to their responsibilities, increased 

15 information as a result of the amendments made by 

16 this Act to the Equal Pay Act of 1963, wage data, 

17 and more effective remedies, women will be better 

18 able to recognize and enforce their rights. 

19 (9) Certain employers have already made great 

20 strides in eradicating unfair pay disparities in the 

21 workplace and their achievements should be recog22 nized. 


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1 SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE2 QUIREMENTS. 

3 (a) BONA-FIDE FACTOR DEFENSE AND MODIFICA4 TION OF SAME ESTABLISHMENT REQUIREMENT.—Section 

5 6(d)(1) of the Fair Labor Standards Act of 1938 (29 

6 U.S.C. 206(d)(1)) is amended— 

7 (1) by striking ‘‘No employer having’’ and in8 serting ‘‘(A) No employer having’’; 

9 (2) by striking ‘‘any other factor other than 

10 sex’’ and inserting ‘‘a bona fide factor other than 

11 sex, such as education, training, or experience’’; and 

12 (3) by inserting at the end the following: 

13 ‘‘(B) The bona fide factor defense described in sub14 paragraph (A)(iv) shall apply only if the employer dem15 onstrates that such factor (i) is not based upon or derived 

16 from a sex-based differential in compensation; (ii) is job17 related with respect to the position in question; and (iii) 

18 is consistent with business necessity. Such defense shall 

19 not apply where the employee demonstrates that an alter20 native employment practice exists that would serve the 

21 same business purpose without producing such differential 

22 and that the employer has refused to adopt such alter23 native practice. 

24 ‘‘(C) For purposes of subparagraph (A), employees 

25 shall be deemed to work in the same establishment if the 

26 employees work for the same employer at workplaces loVerDate Mar 15 2010 21:40 Apr 15, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1519.IH H1519

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1 cated in the same county or similar political subdivision 

2 of a State. The preceding sentence shall not be construed 

3 as limiting broader applications of the term ‘establish4 ment’ consistent with rules prescribed or guidance issued 

5 by the Equal Opportunity Employment Commission.’’. 

6 (b) NONRETALIATION PROVISION.—Section 15 of the 

7 Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) 

8 is amended— 

9 (1) in subsection (a)(3), by striking ‘‘employee 

10 has filed’’ and all that follows and inserting ‘‘em11 ployee— 

12 ‘‘(A) has made a charge or filed any com13 plaint or instituted or caused to be instituted 

14 any investigation, proceeding, hearing, or action 

15 under or related to this Act, including an inves16 tigation conducted by the employer, or has tes17 tified or is planning to testify or has assisted or 

18 participated in any manner in any such inves19 tigation, proceeding, hearing or action, or has 

20 served or is planning to serve on an industry 

21 Committee; or 

22 ‘‘(B) has inquired about, discussed, or dis23 closed the wages of the employee or another 

24 employee.’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(c) Subsection (a)(3)(B) shall not apply to instances 

2 in which an employee who has access to the wage informa3 tion of other employees as a part of such employee’s essen4 tial job functions discloses the wages of such other employ5 ees to individuals who do not otherwise have access to such 

6 information, unless such disclosure is in response to a 

7 complaint or charge or in furtherance of an investigation, 

8 proceeding, hearing, or action under section 6(d), includ9 ing an investigation conducted by the employer. Nothing 

10 in this subsection shall be construed to limit the rights 

11 of an employee provided under any other provision of 

12 law.’’. 

13 (c) ENHANCED PENALTIES.—Section 16(b) of the 

14 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 

15 amended— 

16 (1) by inserting after the first sentence the fol17 lowing: ‘‘Any employer who violates section 6(d) 

18 shall additionally be liable for such compensatory 

19 damages, or, where the employee demonstrates that 

20 the employer acted with malice or reckless indiffer21 ence, punitive damages as may be appropriate, ex22 cept that the United States shall not be liable for 

23 punitive damages.’’; 

24 (2) in the sentence beginning ‘‘An action to’’, 

25 by striking ‘‘either of the preceding sentences’’ and 


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1 inserting ‘‘any of the preceding sentences of this 

2 subsection’’; 

3 (3) in the sentence beginning ‘‘No employees 

4 shall’’, by striking ‘‘No employees’’ and inserting 

5 ‘‘Except with respect to class actions brought to en6 force section 6(d), no employee’’; 

7 (4) by inserting after the sentence referred to 

8 in paragraph (3), the following: ‘‘Notwithstanding 

9 any other provision of Federal law, any action 

10 brought to enforce section 6(d) may be maintained 

11 as a class action as provided by the Federal Rules 

12 of Civil Procedure.’’; and 

13 (5) in the sentence beginning ‘‘The court in’’— 

14 (A) by striking ‘‘in such action’’ and in15 serting ‘‘in any action brought to recover the li16 ability prescribed in any of the preceding sen17 tences of this subsection’’; and 

18 (B) by inserting before the period the fol19 lowing: ‘‘, including expert fees’’. 

20 (d) ACTION BY SECRETARY.—Section 16(c) of the 

21 Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is 

22 amended— 

23 (1) in the first sentence— 

24 (A) by inserting ‘‘or, in the case of a viola25 tion of section 6(d), additional compensatory or 


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1 punitive damages, as described in subsection 

2 (b),’’ before ‘‘and the agreement’’; and 

3 (B) by inserting before the period the fol4 lowing: ‘‘, or such compensatory or punitive 

5 damages, as appropriate’’; 

6 (2) in the second sentence, by inserting before 

7 the period the following: ‘‘and, in the case of a viola8 tion of section 6(d), additional compensatory or pu9 nitive damages, as described in subsection (b)’’; 

10 (3) in the third sentence, by striking ‘‘the first 

11 sentence’’ and inserting ‘‘the first or second sen12 tence’’; and 

13 (4) in the last sentence— 

14 (A) by striking ‘‘commenced in the case’’ 

15 and inserting ‘‘commenced— 

16 ‘‘(1) in the case’’; 

17 (B) by striking the period and inserting ‘‘; 

18 or’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(2) in the case of a class action brought to en21 force section 6(d), on the date on which the indi22 vidual becomes a party plaintiff to the class action.’’. 

23 SEC. 4. TRAINING. 

24 The Equal Employment Opportunity Commission 

25 and the Office of Federal Contract Compliance Programs, 


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1 subject to the availability of funds appropriated under sec2 tion 10, shall provide training to Commission employees 

3 and affected individuals and entities on matters involving 

4 discrimination in the payment of wages. 

5 SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND 

6 WOMEN. 

7 (a) PROGRAM AUTHORIZED.— 

8 (1) IN GENERAL.—The Secretary of Labor, 

9 after consultation with the Secretary of Education, 

10 is authorized to establish and carry out a grant pro11 gram. 

12 (2) GRANTS.—In carrying out the program, the 

13 Secretary of Labor may make grants on a competi14 tive basis to eligible entities, to carry out negotiation 

15 skills training programs for girls and women. 

16 (3) ELIGIBLE ENTITIES.—To be eligible to re17 ceive a grant under this subsection, an entity shall 

18 be a public agency, such as a State, a local govern19 ment in a metropolitan statistical area (as defined 

20 by the Office of Management and Budget), a State 

21 educational agency, or a local educational agency, a 

22 private nonprofit organization, or a community23 based organization. 

24 (4) APPLICATION.—To be eligible to receive a 

25 grant under this subsection, an entity shall submit 


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1 an application to the Secretary of Labor at such 

2 time, in such manner, and containing such informa3 tion as the Secretary of Labor may require. 

4 (5) USE OF FUNDS.—An entity that receives a 

5 grant under this subsection shall use the funds made 

6 available through the grant to carry out an effective 

7 negotiation skills training program that empowers 

8 girls and women. The training provided through the 

9 program shall help girls and women strengthen their 

10 negotiation skills to allow the girls and women to ob11 tain higher salaries and rates of compensation that 

12 are equal to those paid to similarly situated male 

13 employees. 

14 (b) INCORPORATING TRAINING INTO EXISTING PRO15 GRAMS.—The Secretary of Labor and the Secretary of 

16 Education shall issue regulations or policy guidance that 

17 provides for integrating the negotiation skills training, to 

18 the extent practicable, into programs authorized under— 

19 (1) in the case of the Secretary of Education, 

20 the Elementary and Secondary Education Act of 

21 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins 

22 Vocational and Technical Education Act of 1998 (20 

23 U.S.C. 2301 et seq.), the Higher Education Act of 

24 1965 (20 U.S.C. 1001 et seq.), and other programs 

25 carried out by the Department of Education that the 


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1 Secretary of Education determines to be appro2 priate; and 

3 (2) in the case of the Secretary of Labor, the 

4 Workforce Investment Act of 1998 (29 U.S.C. 2801 

5 et seq.), and other programs carried out by the De6 partment of Labor that the Secretary of Labor de7 termines to be appropriate. 

8 (c) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, and annually thereafter, the Sec10 retary of Labor and the Secretary of Education shall pre11 pare and submit to Congress a report describing the ac12 tivities conducted under this section and evaluating the ef13 fectiveness of such activities in achieving the purposes of 

14 this Act. 

15 SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 

16 The Secretary of Labor shall conduct studies and 

17 provide information to employers, labor organizations, and 

18 the general public concerning the means available to elimi19 nate pay disparities between men and women, including— 

20 (1) conducting and promoting research to de21 velop the means to correct expeditiously the condi22 tions leading to the pay disparities; 

23 (2) publishing and otherwise making available 

24 to employers, labor organizations, professional asso25 ciations, educational institutions, the media, and the 


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1 general public the findings resulting from studies 

2 and other materials, relating to eliminating the pay 

3 disparities; 

4 (3) sponsoring and assisting State and commu5 nity informational and educational programs; 

6 (4) providing information to employers, labor 

7 organizations, professional associations, and other 

8 interested persons on the means of eliminating the 

9 pay disparities; 

10 (5) recognizing and promoting the achievements 

11 of employers, labor organizations, and professional 

12 associations that have worked to eliminate the pay 

13 disparities; and 

14 (6) convening a national summit to discuss, and 

15 consider approaches for rectifying, the pay dispari16 ties. 

17 SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR 

18 PAY EQUITY IN THE WORKPLACE. 

19 (a) IN GENERAL.—There is established the Secretary 

20 of Labor’s National Award for Pay Equity in the Work21 place, which shall be awarded, as appropriate, to encour22 age proactive efforts to comply with section 6(d) of the 

23 Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)). 

24 (b) CRITERIA FOR QUALIFICATION.—The Secretary 

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1 ing a requirement that an employer has made substantial 

2 effort to eliminate pay disparities between men and 

3 women, and deserves special recognition as a consequence 

4 of such effort. The Secretary shall establish procedures for 

5 the application and presentation of the award. 

6 (c) BUSINESS.—In this section, the term ‘‘employer’’ 

7 includes— 

8 (1)(A) a corporation, including a nonprofit cor9 poration; 

10 (B) a partnership; 

11 (C) a professional association; 

12 (D) a labor organization; and 

13 (E) a business entity similar to an entity de14 scribed in any of subparagraphs (A) through (D); 

15 (2) an entity carrying out an education referral 

16 program, a training program, such as an apprentice17 ship or management training program, or a similar 

18 program; and 

19 (3) an entity carrying out a joint program, 

20 formed by a combination of any entities described in 

21 paragraph (1) or (2). 


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1 SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL 

2 EMPLOYMENT OPPORTUNITY COMMISSION. 

3 Section 709 of the Civil Rights Act of 1964 (42 

4 U.S.C. 2000e–8) is amended by adding at the end the fol5 lowing: 

6 ‘‘(f)(1) Not later than 18 months after the date of 

7 enactment of this subsection, the Commission shall— 

8 ‘‘(A) complete a survey of the data that is cur9 rently available to the Federal Government relating 

10 to employee pay information for use in the enforce11 ment of Federal laws prohibiting pay discrimination 

12 and, in consultation with other relevant Federal 

13 agencies, identify additional data collections that will 

14 enhance the enforcement of such laws; and 

15 ‘‘(B) based on the results of the survey and 

16 consultations under subparagraph (A), issue regula17 tions to provide for the collection of pay information 

18 data from employers as described by the sex, race, 

19 and national origin of employees. 

20 ‘‘(2) In implementing paragraph (1), the Commission 

21 shall have as its primary consideration the most effective 

22 and efficient means for enhancing the enforcement of Fed23 eral laws prohibiting pay discrimination. For this purpose, 

24 the Commission shall consider factors including the impo25 sition of burdens on employers, the frequency of required 

26 reports (including which employers should be required to 


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1 prepare reports), appropriate protections for maintaining 

2 data confidentiality, and the most effective format for the 

3 data collection reports.’’. 

4 SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 

5 PAY EQUITY DATA COLLECTION. 

6 (a) BUREAU OF LABOR STATISTICS DATA COLLEC7 TION.—The Commissioner of Labor Statistics shall con8 tinue to collect data on women workers in the Current 

9 Employment Statistics survey. 

10 (b) OFFICE OF FEDERAL CONTRACT COMPLIANCE

11 PROGRAMS INITIATIVES.—The Director of the Office of 

12 Federal Contract Compliance Programs shall ensure that 

13 employees of the Office— 

14 (1)(A) shall use the full range of investigatory 

15 tools at the Office’s disposal, including pay grade 

16 methodology; 

17 (B) in considering evidence of possible com18 pensation discrimination— 

19 (i) shall not limit its consideration to a 

20 small number of types of evidence; and 

21 (ii) shall not limit its evaluation of the evi22 dence to a small number of methods of evalu23 ating the evidence; and 


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1 (C) shall not require a multiple regression anal2 ysis or anecdotal evidence for a compensation dis3 crimination case; 

4 (2) for purposes of its investigative, compliance, 

5 and enforcement activities, shall define ‘‘similarly 

6 situated employees’’ in a way that is consistent with 

7 and not more stringent than the definition provided 

8 in item 1 of subsection A of section 10–III of the 

9 Equal Employment Opportunity Commission Com10 pliance Manual (2000), and shall consider only fac11 tors that the Office’s investigation reveals were used 

12 in making compensation decisions; and 

13 (3) shall reinstate the Equal Opportunity Sur14 vey, as required by section 60–2.18 of title 41, Code 

15 of Federal Regulations (as in effect on September 7, 

16 2006), designating not less than half of all non17 construction contractor establishments each year to 

18 prepare and file such survey, and shall review and 

19 utilize the responses to such survey to identify con20 tractor establishments for further evaluation and for 

21 other enforcement purposes as appropriate. 

22 (c) DEPARTMENT OF LABOR DISTRIBUTION OF

23 WAGE DISCRIMINATION INFORMATION.—The Secretary of 

24 Labor shall make readily available (in print, on the De25 partment of Labor website, and through any other forum 


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1 that the Department may use to distribute compensation 

2 discrimination information), accurate information on com3 pensation discrimination, including statistics, explanations 

4 of employee rights, historical analyses of such discrimina5 tion, instructions for employers on compliance, and any 

6 other information that will assist the public in under7 standing and addressing such discrimination. 

8 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated $15,000,000 to carry 

11 out this Act. 

12 (b) PROHIBITION ON EARMARKS.—None of the funds 

13 appropriated pursuant to subsection (a) for purposes of 

14 the grant program in section 5 of this Act may be used 

15 for a congressional earmark as defined in clause 9(d) of 

16 rule XXI of the Rules of the House of Representatives. 

17 SEC. 11. SMALL BUSINESS ASSISTANCE. 

18 (a) EFFECTIVE DATE.—This Act and the amend19 ments made by this Act shall take effect on the date that 

20 is 6 months after the date of enactment of this Act. 

21 (b) TECHNICAL ASSISTANCE MATERIALS.—The Sec22 retary of Labor and the Commissioner of the Equal Em23 ployment Opportunity Commission shall jointly develop 

24 technical assistance material to assist small businesses in 


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1 complying with the requirements of this Act and the 

2 amendments made by this Act. 

3 (c) SMALL BUSINESSES.—A small business shall be 

4 exempt from the provisions of this Act to the same extent 

5 that such business is exempt from the requirements of the 

6 Fair Labor Standards Act pursuant to section 3(s)(1)(A) 

7 (i) and (ii) of such Act. 

8 SEC. 12. RULE OF CONSTRUCTION. 

9 Nothing in this Act, or in any amendments made by 

10 this Act, shall affect the obligation of employers and em11 ployees to fully comply with all applicable immigration 

12 laws, including any penalties, fines, or other sanctions. 

Æ 


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