‘‘(B) took an action for which discrimina-
tion is forbidden under section 15(a)(3). 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) 
WAGES; 
COMPENSATION.—The 
term 
‘wages’ or ‘compensation’ has the meaning given the 
term ‘wages’ in section 6(d). 
‘‘(2) WAGE HISTORY.—The term ‘wage history’ 
means the wages paid to the prospective employee by 
the prospective employee’s current employer or pre-
vious employer.’’. 
(b) PENALTIES.—Section 16 of such Act (29 U.S.C. 
216) is amended by adding at the end the following new 
subsection: 
‘‘(f)(1) Any person who violates the provisions of sec-
tion 8 shall— 
‘‘(A) be subject to a civil penalty of $5,000 for 
a first offense, increased by an additional $1,000 for 
each subsequent offense, not to exceed $10,000; and 
‘‘(B) be liable to each employee or prospective 
employee who was the subject of the violation for 
special damages not to exceed $10,000 plus attor-
neys’ fees, and shall be subject to such injunctive re-
lief as may be appropriate. 
‘‘(2) An action to recover the liability described in 
paragraph (1)(B) may be maintained against any em-
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pamtmann on DSKBFK8HB2PROD with BILLS
ployer (including a public agency) in any Federal or State 
court of competent jurisdiction by any one or more em-
ployees or prospective employees for and on behalf of— 
‘‘(A) the employees or prospective employees; 
and 
‘‘(B) other employees or prospective employees 
similarly situated.’’. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $15,000,000 to carry 
out this Act. 
(b) PROHIBITION ON EARMARKS.—None of the funds 
appropriated pursuant to subsection (a) for purposes of 
the grant program in section 5 of this Act may be used 
for a congressional earmark as defined in clause 9(e) of 
rule XXI of the Rules of the House of Representatives. 
SEC. 12. SMALL BUSINESS ASSISTANCE. 
(a) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect on the date that 
is 6 months after the date of enactment of this Act. 
(b) TECHNICAL ASSISTANCE MATERIALS.—The Sec-
retary of Labor and the Commissioner of the Equal Em-
ployment Opportunity Commission shall jointly develop 
technical assistance material to assist small businesses in 
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complying with the requirements of this Act and the 
amendments made by this Act. 
(c) SMALL BUSINESSES.—A small business shall be 
exempt from the provisions of this Act, and the amend-
ments made by this Act, to the same extent that such busi-
ness is exempt from the requirements of the Fair Labor 
Standards Act of 1938 pursuant to clauses (i) and (ii) 
of 
section 
3(s)(1)(A) 
of 
such 
Act 
(29 
U.S.C. 
203(s)(1)(A)). 
SEC. 13. RULE OF CONSTRUCTION. 
Nothing in this Act, or in any amendments made by 
this Act, shall affect the obligation of employers and em-
ployees to fully comply with all applicable immigration 
laws, including any penalties, fines, or other sanctions. 
Æ 
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