I 

113TH CONGRESS 

1ST SESSION H. R. 377 

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 

JANUARY 23, 2013 

Ms. DELAURO (for herself, Mr. ANDREWS, Ms. BASS, Mr. BECERRA, Mr. 

BISHOP of New York, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BRADY of 

Pennsylvania, Mr. BRALEY of Iowa, Ms. BROWN of Florida, Mrs. 

BUSTOS, Mr. BUTTERFIELD, Mrs. CAPPS, Mr. CAPUANO, Mr. CA ́RDENAS, 

Mr. CARSON of Indiana, Ms. CASTOR of Florida, Mrs. CHRISTENSEN, Ms. 

CHU, Mr. CICILLINE, Ms. CLARKE, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. COHEN, Mr. CONYERS, Mr. COOPER, Mr. COSTA, Mr. COURTNEY, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. 

DEGETTE, Mr. DELANEY, Ms. DELBENE, Mr. DEUTCH, Mr. DINGELL, 

Mr. DOYLE, Ms. EDWARDS, Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Ms. 

ESTY, Mr. FARR, Mr. FATTAH, Ms. FRANKEL of Florida, Ms. FUDGE, 

Mr. GARAMENDI, Mr. AL GREEN of Texas, Mr. GENE GREEN of Texas, 

Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HAHN, Ms. HANABUSA, Mr. HASTINGS of Florida, Mr. HECK of Washington, Mr. HIGGINS, Mr. HIMES, 

Mr. HINOJOSA, Mr. HOLT, Mr. HONDA, Mr. HOYER, Mr. ISRAEL, Ms. 

EDDIE BERNICE JOHNSON of Texas, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KEATING, Mr. KILDEE, Mr. KILMER, Mr. KIND, Mr. LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. 

LEE of California, Mr. LEVIN, Mr. LEWIS, Mr. LOEBSACK, Ms. LOFGREN, Mrs. LOWEY, Mr. BEN RAY LUJA ́N of New Mexico, Ms. 

MICHELLE LUJAN GRISHAM of New Mexico, Mr. LYNCH, Mrs. CAROLYN

B. MALONEY of New York, Mr. MATHESON, Ms. MATSUI, Mrs. MCCARTHY of New York, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, 

Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Mr. MICHAUD, Mr. GEORGE

MILLER of California, Ms. MOORE, Mr. MORAN, Mr. NADLER, Mrs. 

NAPOLITANO, Mr. NOLAN, Ms. NORTON, Mr. PALLONE, Mr. PASCRELL, 

Mr. PASTOR of Arizona, Ms. PELOSI, Mr. PERLMUTTER, Mr. PETERS of 

Michigan, Mr. PIERLUISI, Ms. PINGREE of Maine, Mr. POCAN, Mr. 

POLIS, Mr. PRICE of North Carolina, Mr. RANGEL, Mr. RICHMOND, Ms. 

ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RUSH, Mr. RYAN of Ohio, 

Ms. LINDA T. SA ́NCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, 


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Mr. SCHRADER, Ms. SCHWARTZ, Mr. DAVID SCOTT of Georgia, Mr. 

SCOTT of Virginia, Mr. SERRANO, Ms. SHEA-PORTER, Mr. SHERMAN, 

Ms. SINEMA, Ms. SLAUGHTER, Mr. SMITH of Washington, Ms. SPEIER, 

Mr. THOMPSON of California, Mr. TIERNEY, Mr. TONKO, Ms. TSONGAS, 

Mr. VAN HOLLEN, Ms. VELA ́ZQUEZ, Mr. VISCLOSKY, Mr. WALZ, Ms. 

WASSERMAN SCHULTZ, Ms. WATERS, Mr. WATT, Mr. WAXMAN, Mr. 

WELCH, Ms. WILSON of Florida, Mr. YARMUTH, Mrs. BEATTY, and Mr. 

CONNOLLY) 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 dis13 parities exist in both the private and governmental 

14 sectors. In many instances, the pay disparities can 


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1 only be due to continued intentional discrimination 

2 or the lingering effects of past discrimination. 

3 (3) The existence of such pay disparities— 

4 (A) depresses the wages of working fami5 lies who rely on the wages of all members of the 

6 family to make ends meet; 

7 (B) undermines women’s retirement secu8 rity, which is often based on earnings while in 

9 the workforce; 

10 (C) prevents the optimum utilization of 

11 available labor resources; 

12 (D) has been spread and perpetuated, 

13 through commerce and the channels and instru14 mentalities of commerce, among the workers of 

15 the several States; 

16 (E) burdens commerce and the free flow of 

17 goods in commerce; 

18 (F) constitutes an unfair method of com19 petition in commerce; 

20 (G) leads to labor disputes burdening and 

21 obstructing commerce and the free flow of 

22 goods in commerce; 

23 (H) interferes with the orderly and fair 

24 marketing of goods in commerce; and 


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1 (I) in many instances, may deprive workers 

2 of equal protection on the basis of sex in viola3 tion of the 5th and 14th Amendments. 

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

5 discrimination in the payment of wages on the basis 

6 of sex continue to exist decades after the enactment 

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

8 201 et seq.) and the Civil Rights Act of 1964 (42 

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

10 (B) These barriers have resulted, in significant 

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

12 Congress originally intended. Improvements and 

13 modifications to the law are necessary to ensure that 

14 the Act provides effective protection to those subject 

15 to pay discrimination on the basis of their sex. 

16 (C) Elimination of such barriers would have 

17 positive effects, including— 

18 (i) providing a solution to problems in the 

19 economy created by unfair pay disparities; 

20 (ii) substantially reducing the number of 

21 working women earning unfairly low wages, 

22 thereby reducing the dependence on public as23 sistance; 

24 (iii) promoting stable families by enabling 

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


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1 (iv) remedying the effects of past discrimi2 nation on the basis of sex and ensuring that in 

3 the future workers are afforded equal protection 

4 on the basis of sex; and 

5 (v) ensuring equal protection pursuant to 

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

7 Amendments. 

8 (5) The Department of Labor and the Equal 

9 Employment Opportunity Commission have impor10 tant and unique responsibilities to help ensure that 

11 women receive equal pay for equal work. 

12 (6) The Department of Labor is responsible 

13 for— 

14 (A) collecting and making publicly avail15 able information about women’s pay; 

16 (B) ensuring that companies receiving 

17 Federal contracts comply with anti-discrimina18 tion affirmative action requirements of Execu19 tive Order 11246 (relating to equal employment 

20 opportunity); 

21 (C) disseminating information about wom22 en’s rights in the workplace; 

23 (D) helping women who have been victims 

24 of pay discrimination obtain a remedy; and 


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1 (E) being proactive in investigating and 

2 prosecuting equal pay violations, especially sys3 temic violations, and in enforcing all of its man4 dates. 

5 (7) The Equal Employment Opportunity Com6 mission is the primary enforcement agency for 

7 claims made under the Equal Pay Act, and issues 

8 regulations and guidance on appropriate interpreta9 tions of the law. 

10 (8) With a stronger commitment by the Depart11 ment of Labor and the Equal Employment Oppor12 tunity Commission to their responsibilities, increased 

13 information as a result of the amendments made by 

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

15 and more effective remedies, women will be better 

16 able to recognize and enforce their rights. 

17 (9) Certain employers have already made great 

18 strides in eradicating unfair pay disparities in the 

19 workplace and their achievements should be recog20 nized. 

21 SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE22 QUIREMENTS. 

23 (a) BONA-FIDE FACTOR DEFENSE AND MODIFICA24 TION OF SAME ESTABLISHMENT REQUIREMENT.—Section 


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

2 U.S.C. 206(d)(1)) is amended— 

3 (1) by striking ‘‘No employer having’’ and in4 serting ‘‘(A) No employer having’’; 

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

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

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

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

9 ‘‘(B) The bona fide factor defense described in sub10 paragraph (A)(iv) shall apply only if the employer dem11 onstrates that such factor (i) is not based upon or derived 

12 from a sex-based differential in compensation; (ii) is job13 related with respect to the position in question; and (iii) 

14 is consistent with business necessity. Such defense shall 

15 not apply where the employee demonstrates that an alter16 native employment practice exists that would serve the 

17 same business purpose without producing such differential 

18 and that the employer has refused to adopt such alter19 native practice. 

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

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

22 employees work for the same employer at workplaces lo23 cated in the same county or similar political subdivision 

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

25 as limiting broader applications of the term ‘establishVerDate Mar 15 2010 23:34 Jan 29, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H377.IH H377

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1 ment’ consistent with rules prescribed or guidance issued 

2 by the Equal Opportunity Employment Commission.’’. 

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

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

5 is amended— 

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

7 has filed’’ and all that follows and inserting ‘‘em8 ployee— 

9 ‘‘(A) has made a charge or filed any com10 plaint or instituted or caused to be instituted 

11 any investigation, proceeding, hearing, or action 

12 under or related to this Act, including an inves13 tigation conducted by the employer, or has tes14 tified or is planning to testify or has assisted or 

15 participated in any manner in any such inves16 tigation, proceeding, hearing or action, or has 

17 served or is planning to serve on an industry 

18 Committee; or 

19 ‘‘(B) has inquired about, discussed, or dis20 closed the wages of the employee or another 

21 employee.’’; and 

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

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

24 in which an employee who has access to the wage informa25 tion of other employees as a part of such employee’s essenVerDate Mar 15 2010 23:34 Jan 29, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H377.IH H377

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1 tial job functions discloses the wages of such other employ2 ees to individuals who do not otherwise have access to such 

3 information, unless such disclosure is in response to a 

4 complaint or charge or in furtherance of an investigation, 

5 proceeding, hearing, or action under section 6(d), includ6 ing an investigation conducted by the employer. Nothing 

7 in this subsection shall be construed to limit the rights 

8 of an employee provided under any other provision of 

9 law.’’. 

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

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

12 amended— 

13 (1) by inserting after the first sentence the fol14 lowing: ‘‘Any employer who violates section 6(d) 

15 shall additionally be liable for such compensatory 

16 damages, or, where the employee demonstrates that 

17 the employer acted with malice or reckless indiffer18 ence, punitive damages as may be appropriate, ex19 cept that the United States shall not be liable for 

20 punitive damages.’’; 

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

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

23 inserting ‘‘any of the preceding sentences of this 

24 subsection’’; 


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

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

3 ‘‘Except with respect to class actions brought to en4 force section 6(d), no employee’’; 

5 (4) by inserting after the sentence referred to 

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

7 any other provision of Federal law, any action 

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

9 as a class action as provided by the Federal Rules 

10 of Civil Procedure.’’; and 

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

12 (A) by striking ‘‘in such action’’ and in13 serting ‘‘in any action brought to recover the li14 ability prescribed in any of the preceding sen15 tences of this subsection’’; and 

16 (B) by inserting before the period the fol17 lowing: ‘‘, including expert fees’’. 

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

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

20 amended— 

21 (1) in the first sentence— 

22 (A) by inserting ‘‘or, in the case of a viola23 tion of section 6(d), additional compensatory or 

24 punitive damages, as described in subsection 

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


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1 (B) by inserting before the period the fol2 lowing: ‘‘, or such compensatory or punitive 

3 damages, as appropriate’’; 

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

5 the period the following: ‘‘and, in the case of a viola6 tion of section 6(d), additional compensatory or pu7 nitive damages, as described in subsection (b)’’; 

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

9 sentence’’ and inserting ‘‘the first or second sen10 tence’’; and 

11 (4) in the last sentence— 

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

13 and inserting ‘‘commenced— 

14 ‘‘(1) in the case’’; 

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

16 or’’; and 

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

18 ‘‘(2) in the case of a class action brought to en19 force section 6(d), on the date on which the indi20 vidual becomes a party plaintiff to the class action.’’. 

21 SEC. 4. TRAINING. 

22 The Equal Employment Opportunity Commission 

23 and the Office of Federal Contract Compliance Programs, 

24 subject to the availability of funds appropriated under sec25 tion 10, shall provide training to Commission employees 


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1 and affected individuals and entities on matters involving 

2 discrimination in the payment of wages. 

3 SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND 

4 WOMEN. 

5 (a) PROGRAM AUTHORIZED.— 

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

7 after consultation with the Secretary of Education, 

8 is authorized to establish and carry out a grant pro9 gram. 

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

11 Secretary of Labor may make grants on a competi12 tive basis to eligible entities, to carry out negotiation 

13 skills training programs for girls and women. 

14 (3) ELIGIBLE ENTITIES.—To be eligible to re15 ceive a grant under this subsection, an entity shall 

16 be a public agency, such as a State, a local govern17 ment in a metropolitan statistical area (as defined 

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

19 educational agency, or a local educational agency, a 

20 private nonprofit organization, or a community21 based organization. 

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

23 grant under this subsection, an entity shall submit 

24 an application to the Secretary of Labor at such 


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1 time, in such manner, and containing such informa2 tion as the Secretary of Labor may require. 

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

4 grant under this subsection shall use the funds made 

5 available through the grant to carry out an effective 

6 negotiation skills training program that empowers 

7 girls and women. The training provided through the 

8 program shall help girls and women strengthen their 

9 negotiation skills to allow the girls and women to ob10 tain higher salaries and rates of compensation that 

11 are equal to those paid to similarly situated male 

12 employees. 

13 (b) INCORPORATING TRAINING INTO EXISTING PRO14 GRAMS.—The Secretary of Labor and the Secretary of 

15 Education shall issue regulations or policy guidance that 

16 provides for integrating the negotiation skills training, to 

17 the extent practicable, into programs authorized under— 

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

19 the Elementary and Secondary Education Act of 

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

21 Vocational and Technical Education Act of 1998 (20 

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

23 1965 (20 U.S.C. 1001 et seq.), and other programs 

24 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 

25 of Labor shall set criteria for receipt of the award, includVerDate Mar 15 2010 23:34 Jan 29, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H377.IH H377

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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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