‘‘(2) In implementing paragraph (1), the Commission 
shall have as its primary consideration the most effective 
and efficient means for enhancing the enforcement of Fed-
eral laws prohibiting pay discrimination. For this purpose, 
the Commission shall consider factors including the impo-
sition of burdens on employers, the frequency of required 
reports (including which employers should be required to 
prepare reports), appropriate protections for maintaining 
data confidentiality, and the most effective format for the 
data collection reports.’’. 
SEC. 209. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 
PAY EQUITY DATA COLLECTION. 
(a) BUREAU OF LABOR STATISTICS DATA COLLEC-
TION.—The Commissioner of Labor Statistics shall con-
tinue to collect data on women workers in the Current 
Employment Statistics survey. 
(b) OFFICE OF FEDERAL CONTRACT COMPLIANCE 
PROGRAMS INITIATIVES.—The Director of the Office of 
Federal Contract Compliance Programs shall ensure that 
employees of the Office— 
(1)(A) shall use the full range of investigatory 
tools at the Office’s disposal, including pay grade 
methodology; 
(B) in considering evidence of possible com-
pensation discrimination—
(i) shall not limit its consideration to a 
small number of types of evidence; and 
(ii) shall not limit its evaluation of the evi-
dence to a small number of methods of evalu-
ating the evidence; and 
(C) shall not require a multiple regression anal-
ysis or anecdotal evidence for a compensation dis-
crimination case; 
(2) for purposes of its investigative, compliance, 
and enforcement activities, shall define ‘‘similarly 
situated employees’’ in a way that is consistent with 
and not more stringent than the definition provided 
in item 1 of subsection A of section 10–III of the 
Equal Employment Opportunity Commission Com-
pliance Manual (2000), and shall consider only fac-
tors that the Office’s investigation reveals were used 
in making compensation decisions; and 
(3) shall reinstate the Equal Opportunity Sur-
vey, as required by section 60–2.18 of title 41, Code 
of Federal Regulations (as in effect on September 7, 
2006), designating not less than half of all non-
construction contractor establishments each year to 
prepare and file such survey, and shall review and 
utilize the responses to such survey to identify con-
tractor establishments for further evaluation and for 
other enforcement purposes as appropriate. 
(c) DEPARTMENT
OF LABOR DISTRIBUTION
OF 
WAGE DISCRIMINATION INFORMATION.—The Secretary of 
Labor shall make readily available (in print, on the De-
partment of Labor website, and through any other forum 
that the Department may use to distribute compensation 
discrimination information), accurate information on com-
pensation discrimination, including statistics, explanations 
of employee rights, historical analyses of such discrimina-
tion, instructions for employers on compliance, and any 
other information that will assist the public in under-
standing and addressing such discrimination. 
SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $15,000,000 to carry 
out this title. 
(b) PROHIBITION ON EARMARKS.—None of the funds 
appropriated pursuant to subsection (a) for purposes of 
the grant program in section 205 of this Act may be used 
for a Congressional earmark as defined in clause 9(d) of 
rule XXI of the Rules of the House of Representatives.
SEC. 211. SMALL BUSINESS ASSISTANCE. 
(a) EFFECTIVE DATE.—This title and the amend-
ments made by this title 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 
complying with the requirements of this title and the 
amendments made by this title. 
(c) SMALL BUSINESSES.—A small business shall be 
exempt from the provisions of this title to the same extent 
that such business is exempt from the requirements of the 
Fair 
Labor 
Standards 
Act 
pursuant 
to 
section 
3(s)(1)(A)(i) and (ii) of such Act. 
SEC. 212. RULE OF CONSTRUCTION. 
Nothing in this title, or in any amendments made by 
this title, shall affect the obligation of employers and em-
ployees to fully comply with all applicable immigration 
laws, including any penalties, fines, or other sanctions. 
Passed the House of Representatives January 9, 
2009. 
Attest: 
Clerk.