datamatters24/research-document-archive huggingface dataset:
‘‘(M) PER-COMMUNICATION
OR
PER-CON-
NECTION CHARGE.—The term ‘per-communica-
tion or per-connection charge’ means a one-time 
fee charged to a consumer at the initiation of 
a communication. 
‘‘(N) PREPAID CALLING.—The term ‘pre-
paid calling’ means a calling arrangement that 
allows a consumer to pay in advance for a spec-
ified amount of confinement facility commu-
nications services. 
‘‘(O) PRISON.—The term ‘prison’— 
‘‘(i) means a facility operated by a 
State or Federal agency that is used pri-
marily to confine individuals convicted of 
felonies and sentenced to terms in excess 
of one year; and 
‘‘(ii) includes— 
‘‘(I) public and private facilities 
that provide outsource housing to 
State or Federal agencies such as 
State Departments of Correction and 
the Federal Bureau of Prisons; and 
‘‘(II) facilities that would other-
wise be jails but in which the majority 
of incarcerated persons are post-con-
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viction or are committed to confine-
ment for sentences of longer than one 
year. 
‘‘(P) PROVIDER OF CONFINEMENT FACIL-
ITY
COMMUNICATIONS
SERVICES.—The term 
‘provider of confinement facility communica-
tions services’ means any communications serv-
ice provider that provides confinement facility 
communications services, regardless of the tech-
nology used. 
‘‘(Q) SITE
COMMISSION.—The term ‘site 
commission’ means any monetary payment, in- 
kind payment, gift, exchange of services or 
goods, fee, technology allowance, or product 
that a provider of confinement facility commu-
nications services or an affiliate of a provider of 
confinement facility communications services 
may pay, give, donate, or otherwise provide 
to— 
‘‘(i) an entity that operates a confine-
ment facility; 
‘‘(ii) an entity with which the provider 
of confinement facility communications 
services enters into an agreement to pro-
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vide confinement facility communications 
services; 
‘‘(iii) a governmental agency that 
oversees a confinement facility; 
‘‘(iv) the State or political subdivision 
of a State where a confinement facility is 
located; or 
‘‘(v) an agent or other representative 
of an entity described in any of clauses (i) 
through (iv). 
‘‘(R) THIRD-PARTY
FINANCIAL
TRANS-
ACTION FEE.—The term ‘third-party financial 
transaction fee’ means the exact fee, with no 
markup, that a provider of confinement facility 
communications services is charged by a third 
party to transfer money or process a financial 
transaction to facilitate the ability of a con-
sumer to make an account payment via a third 
party. 
‘‘(S) VOICE
SERVICE.—The term ‘voice 
service’— 
‘‘(i) means any service that is inter-
connected with the public switched tele-
phone network and that furnishes voice 
communications to an end user using re-
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sources from the North American Num-
bering Plan or any successor to the North 
American Numbering Plan adopted by the 
Commission under section 251(e)(1); and 
‘‘(ii) includes— 
‘‘(I) transmissions from a tele-
phone facsimile machine, computer, or 
other device to a telephone facsimile 
machine; and 
‘‘(II) 
without 
limitation, 
any 
service that enables real-time, two-way 
voice communications, including any 
service that requires internet protocol- 
compatible customer premises equip-
ment (commonly known as ‘CPE’) 
and permits out-bound calling, wheth-
er or not the service is one-way or 
two-way voice over internet protocol.’’. 
(b) CONFORMING AMENDMENT.—Section 276(d) of 
the Communications Act of 1934 (47 U.S.C. 276(d)) is 
amended by striking ‘‘inmate telephone service in correc-
tional institutions’’ and inserting ‘‘confinement facility 
communications services (as defined in subsection 
(e)(7))’’. 
(c) EXISTING CONTRACTS.— 
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(1) IN GENERAL.—In the case of a contract 
that was entered into and under which a provider of 
confinement facility communications services was 
providing such services at a confinement facility on 
or before the date of the enactment of this Act— 
(A) paragraphs (1) through (5) of sub-
section (e) of section 276 of the Communica-
tions Act of 1934, as added by subsection (a) 
of this section, shall apply to the provision of 
confinement facility communications services by 
such provider at such facility beginning on the 
earlier of— 
(i) the date that is 60 days after such 
date of enactment; or 
(ii) the date of the termination of the 
contract; and 
(B) the terms of such contract may not be 
extended after such date of enactment, whether 
by exercise of an option or otherwise. 
(2) DEFINITIONS.—In this subsection, the 
terms ‘‘confinement facility’’, ‘‘confinement facility 
communications service’’, and ‘‘provider of confine-
ment facility communications services’’ have the 
meanings given such terms in paragraph (7) of sub-
section (e) of section 276 of the Communications 
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Act of 1934, as added by subsection (a) of this sec-
tion. 
SEC. 4. AUTHORITY. 
Section 2(b) of the Communications Act of 1934 (47 
U.S.C. 152(b)) is amended by inserting ‘‘section 276,’’ 
after ‘‘227, inclusive,’’. 
Æ 
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I 
117TH CONGRESS 
1ST SESSION 
H. R. 248 
To amend title 23, United States Code, to expand eligibility for the surface 
transportation block grant program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 11, 2021 
Mr. HASTINGS introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to expand eligibility 
for the surface transportation block grant program, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Farm-to-Market Road 
Repair Act of 2021’’. 
SEC. 2. SURFACE TRANSPORTATION BLOCK GRANT PRO-
GRAM. 
Section 133 of title 23, United States Code, is 
amended— 
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(1) in subsection (b) by adding at the end the 
following: 
‘‘(16) Roads in rural areas that primarily serve 
to transport agricultural products from a farm or 
ranch to a marketplace.’’; and 
(2) in subsection (g)— 
(A) in the heading by striking ‘‘5,000’’ and 
inserting ‘‘50,000’’; and 
(B) in paragraph (1) by striking ‘‘sub-
section (d)(1)(A)(ii)’’ and all that follows 
through the period at the end and inserting 
‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 
for each fiscal year may be obligated on roads 
functionally classified as rural minor collectors 
or local roads or on critical rural freight cor-
ridors designated under section 167(e).’’. 
Æ 
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I 
117TH CONGRESS 
1ST SESSION H. R. 2490 
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, 2021 
Mr. SMITH of New Jersey introduced the following bill; which was referred 
to the Committee on Education and Labor 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Paycheck Fairness 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Women have entered the workforce in 
record numbers over the past 50 years. 
(2) Despite the enactment of the Equal Pay Act 
of 1963, many women continue to earn significantly 
lower pay than men for equal work. These pay dis-
parities exist in both the private and governmental 
sectors. Pay disparities are especially severe for 
women and girls of color. 
(3) In many instances, the pay disparities can 
only be due to continued intentional discrimination 
or the lingering effects of past discrimination. After 
controlling for educational attainment, occupation, 
industry, union status, race, ethnicity, and labor 
force experience roughly 40 percent of the pay gap 
remains unexplained. 
(4) The existence of such pay disparities— 
(A) depresses the wages of working fami-
lies who rely on the wages of all members of the 
family to make ends meet; 
(B) undermines women’s retirement secu-
rity, which is often based on earnings while in 
the workforce; 
(C) prevents women from realizing their 
full economic potential, particularly in terms of 
labor force participation and attachment; 
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(D) has been spread and perpetuated, 
through commerce and the channels and instru-
mentalities of commerce, among the workers of 
the several States; 
(E) burdens commerce and the free flow of 
goods in commerce; 
(F) constitutes an unfair method of com-
petition in commerce; 
(G) tends to cause labor disputes, as evi-
denced by the tens of thousands of charges filed 
with the Equal Employment Opportunity Com-
mission against employers between 2010 and 
2016; 
(H) interferes with the orderly and fair 
marketing of goods in commerce; and 
(I) in many instances, may deprive workers 
of equal protection on the basis of sex in viola-
tion of the 5th and 14th Amendments to the 
Constitution. 
(5)(A) Artificial barriers to the elimination of 
discrimination in the payment of wages on the basis 
of sex continue to exist decades after the enactment 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) and the Civil Rights Act of 1964 (42 
U.S.C. 2000a et seq.). 
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(B) These barriers have resulted, in significant 
part, because the Equal Pay Act of 1963 has not 
worked as Congress originally intended. Improve-
ments and modifications to the law are necessary to 
ensure that the Act provides effective protection to 
those subject to pay discrimination on the basis of 
their sex. 
(C) Elimination of such barriers would have 
positive effects, including— 
(i) providing a solution to problems in the 
economy created by unfair pay disparities; 
(ii) substantially reducing the number of 
working women earning unfairly low wages, 
thereby reducing the dependence on public as-
sistance; 
(iii) promoting stable families by enabling 
all family members to earn a fair rate of pay; 
(iv) remedying the effects of past discrimi-
nation on the basis of sex and ensuring that in 
the future workers are afforded equal protection 
on the basis of sex; and 
(v) ensuring equal protection pursuant to 
Congress’ power to enforce the 5th and 14th 
Amendments to the Constitution. 
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(6) The Department of Labor and the Equal 
Employment Opportunity Commission carry out 
functions to help ensure that women receive equal 
pay for equal work. 
(7) The Department of Labor is responsible 
for— 
(A) collecting and making publicly avail-
able information about women’s pay; 
(B) ensuring that companies receiving 
Federal contracts comply with anti-discrimina-
tion affirmative action requirements of Execu-
tive Order 11246 (relating to equal employment 
opportunity); 
(C) disseminating information about wom-
en’s rights in the workplace; 
(D) helping women who have been victims 
of pay discrimination obtain a remedy; and 
(E) investigating and prosecuting systemic 
gender based pay discrimination involving gov-
ernment contractors. 
(8) The Equal Employment Opportunity Com-
mission is the primary enforcement agency for 
claims made under the Equal Pay Act of 1963, and 
issues regulations and guidance on appropriate in-
terpretations of the law. 
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(9) Vigorous implementation by the Depart-
ment of Labor and the Equal Employment Oppor-
tunity Commission, increased information as a result 
of the amendments made by this Act, wage data, 
and more effective remedies, will ensure that women 
are better able to recognize and enforce their rights. 
(10) Certain employers have already made 
great strides in eradicating unfair pay disparities in 
the workplace and their achievements should be rec-
ognized. 
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS. 
(a) BONA FIDE FACTOR DEFENSE AND MODIFICA-
TION OF SAME ESTABLISHMENT REQUIREMENT.—Section 
6(d)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(d)(1)) is amended— 
(1) by striking ‘‘No employer having’’ and in-
serting ‘‘(A) No employer having’’; 
(2) by striking ‘‘any other factor other than 
sex’’ and inserting ‘‘a bona fide factor other than 
sex, such as education, training, or experience’’; and 
(3) by inserting at the end the following: 
‘‘(B) The bona fide factor defense described in sub-
paragraph (A)(iv) shall apply only if the employer dem-
onstrates that such factor (i) is not based upon or derived 
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from a sex-based differential in compensation; (ii) is job- 
related with respect to the position in question; (iii) is con-
sistent with business necessity; and (iv) accounts for the 
entire differential in compensation at issue. Such defense 
shall not apply where the employee demonstrates that an 
alternative employment practice exists that would serve 
the same business purpose without producing such dif-
ferential and that the employer has refused to adopt such 
alternative practice. 
‘‘(C) For purposes of subparagraph (A), employees 
shall be deemed to work in the same establishment if the 
employees work for the same employer at workplaces lo-
cated in the same county or similar political subdivision 
of a State. The preceding sentence shall not be construed 
as limiting broader applications of the term ‘establish-
ment’ consistent with rules prescribed or guidance issued 
by the Equal Employment Opportunity Commission.’’. 
(b) NONRETALIATION PROVISION.—Section 15 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘em-
ployee has filed’’ and all that follows and insert-
ing ‘‘employee— 
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‘‘(A) has made a charge or filed any com-
plaint or instituted or caused to be instituted 
any investigation, proceeding, hearing, or action 
under or related to this Act, including an inves-
tigation conducted by the employer, or has tes-
tified or is planning to testify or has assisted or 
participated in any manner in any such inves-
tigation, proceeding, hearing or action, or has 
served or is planning to serve on an industry 
committee; or 
‘‘(B) has inquired about, discussed, or dis-
closed the wages of the employee or another 
employee (such as by inquiring or discussing 
with the employer why the wages of the em-
ployee are set at a certain rate or salary);’’; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(6) to require an employee to sign a contract 
or waiver that would prohibit the employee from dis-
closing information about the employee’s wages.’’; 
and 
(2) by adding at the end the following: 
‘‘(c) Subsection (a)(3)(B) shall not apply to instances 
in which an employee who has access to the wage informa-
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tion of other employees as a part of such employee’s essen-
tial job functions discloses the wages of such other employ-
ees to individuals who do not otherwise have access to such 
information, unless such disclosure is in response to a 
complaint or charge or in furtherance of an investigation, 
proceeding, hearing, or action under section 6(d), includ-
ing an investigation conducted by the employer. Nothing 
in this subsection shall be construed to limit the rights 
of an employee provided under any other provision of 
law.’’. 
(c) ENHANCED PENALTIES.—Section 16(b) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 
amended— 
(1) by inserting after the first sentence the fol-
lowing: ‘‘Any employer who violates section 6(d) 
shall additionally be liable for such compensatory 
damages, or, where the employee demonstrates that 
the employer acted with malice or reckless indiffer-
ence, punitive damages as may be appropriate, ex-
cept that the United States shall not be liable for 
punitive damages.’’; 
(2) in the sentence beginning ‘‘An action to’’, 
by striking ‘‘the preceding sentences’’ and inserting 
‘‘any of the preceding sentences of this subsection’’; 
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(3) in the sentence beginning ‘‘No employees 
shall’’, by striking ‘‘No employees’’ and inserting 
‘‘Except with respect to class actions brought to en-
force section 6(d), no employee’’; 
(4) by inserting after the sentence referred to 
in paragraph (3), the following: ‘‘Notwithstanding 
any other provision of Federal law, any action 
brought to enforce section 6(d) may be maintained 
as a class action as provided by the Federal Rules 
of Civil Procedure.’’; and 
(5) in the sentence beginning ‘‘The court in’’— 
(A) by striking ‘‘in such action’’ and in-
serting ‘‘in any action brought to recover the li-
ability prescribed in any of the preceding sen-
tences of this subsection’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘, including expert fees’’. 
(d) ACTION BY SECRETARY.—Section 16(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is 
amended— 
(1) in the first sentence— 
(A) by inserting ‘‘or, in the case of a viola-
tion of section 6(d), additional compensatory or 
punitive damages, as described in subsection 
(b),’’ before ‘‘and the agreement’’; and 
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(B) by inserting before the period the fol-
lowing: ‘‘, or such compensatory or punitive 
damages, as appropriate’’; 
(2) in the second sentence, by inserting before 
the period the following: ‘‘and, in the case of a viola-
tion of section 6(d), additional compensatory or pu-
nitive damages, as described in subsection (b)’’; 
(3) in the third sentence, by striking ‘‘the first 
sentence’’ and inserting ‘‘the first or second sen-
tence’’; and 
(4) in the sixth sentence— 
(A) by striking ‘‘commenced in the case’’ 
and inserting ‘‘commenced— 
‘‘(1) in the case’’; 
(B) by striking the period and inserting ‘‘; 
or’’; and 
(C) by adding at the end the following: 
‘‘(2) in the case of a class action brought to en-
force section 6(d), on the date on which the indi-
vidual becomes a party plaintiff to the class action.’’. 
SEC. 4. TRAINING. 
The Equal Employment Opportunity Commission 
and the Office of Federal Contract Compliance Programs, 
subject to the availability of funds appropriated under sec-
tion 11, shall provide training to Commission employees 
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and affected individuals and entities on matters involving 
discrimination in the payment of wages. 
SEC. 5. NEGOTIATION SKILLS TRAINING. 
(a) PROGRAM AUTHORIZED.— 
(1) IN
GENERAL.—The Secretary of Labor, 
after consultation with the Secretary of Education, 
is authorized to establish and carry out a grant pro-
gram. 
(2) GRANTS.—In carrying out the program, the 
Secretary of Labor may make grants on a competi-
tive basis to eligible entities to carry out negotiation 
skills training programs for the purposes of address-
ing pay disparities, including through outreach to 
women and girls. 
(3) ELIGIBLE ENTITIES.—To be eligible to re-
ceive a grant under this subsection, an entity shall 
be a public agency, such as a State, a local govern-
ment in a metropolitan statistical area (as defined 
by the Office of Management and Budget), a State 
educational agency, or a local educational agency, a 
private nonprofit organization, or a community- 
based organization. 
(4) APPLICATION.—To be eligible to receive a 
grant under this subsection, an entity shall submit 
an application to the Secretary of Labor at such 
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time, in such manner, and containing such informa-
tion as the Secretary of Labor may require. 
(5) USE OF FUNDS.—An entity that receives a 
grant under this subsection shall use the funds made 
available through the grant to carry out an effective 
negotiation skills training program for the purposes 
described in paragraph (2). 
(b) INCORPORATING TRAINING INTO EXISTING PRO-
GRAMS.—The Secretary of Labor and the Secretary of 
Education shall issue regulations or policy guidance that 
provides for integrating the negotiation skills training, to 
the extent practicable, into programs authorized under— 
(1) in the case of the Secretary of Education, 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 
U.S.C. 2301 et seq.), the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.), and other programs 
carried out by the Department of Education that the 
Secretary of Education determines to be appro-
priate; and 
(2) in the case of the Secretary of Labor, the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3101 et seq.), and other programs carried 
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