HR 1338 RFS 
(6) convening a national summit to discuss, and 
consider approaches for rectifying, the pay dispari-
ties. 
SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR 
PAY EQUITY IN THE WORKPLACE. 
(a) IN GENERAL.—There is established the Secretary 
of Labor’s National Award for Pay Equity in the Work-
place, which shall be awarded, as appropriate, to encour-
age proactive efforts to comply with this Act. 
(b) CRITERIA FOR QUALIFICATION.—The Secretary 
of Labor shall set criteria for receipt of the award, includ-
ing a requirement that an employer has made substantial 
effort to eliminate pay disparities between men and 
women, and deserves special recognition as a consequence 
of such effort. The secretary shall establish procedures for 
the application and presentation of the award. 
(c) BUSINESS.—In this section, the term ‘‘employer’’ 
includes— 
(1)(A) a corporation, including a nonprofit cor-
poration; 
(B) a partnership; 
(C) a professional association; 
(D) a labor organization; and 
(E) a business entity similar to an entity de-
scribed in any of subparagraphs (A) through (D); 
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(2) an entity carrying out an education referral 
program, a training program, such as an apprentice-
ship or management training program, or a similar 
program; and 
(3) an entity carrying out a joint program, 
formed by a combination of any entities described in 
paragraph (1) or (2). 
SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL 
EMPLOYMENT OPPORTUNITY COMMISSION. 
Section 709 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–8) is amended by adding at the end the fol-
lowing: 
‘‘(f)(1) Not later than 18 months after the date of 
enactment of this subsection, the Commission shall— 
‘‘(A) complete a survey of the data that is cur-
rently available to the Federal Government relating 
to employee pay information for use in the enforce-
ment of Federal laws prohibiting pay discrimination 
and, in consultation with other relevant Federal 
agencies, identify additional data collections that will 
enhance the enforcement of such laws; and 
‘‘(B) based on the results of the survey and 
consultations under subparagraph (A), issue regula-
tions to provide for the collection of pay information 
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data from employers as described by the sex, race, 
and national origin of employees. 
‘‘(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. 9. 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; 
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(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, designating not less than 
half of all nonconstruction contractor establishments 
each year to prepare and file such survey, and shall 
review and utilize the responses to such survey to 
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identify contractor establishments for further evalua-
tion and for other enforcement purposes as appro-
priate. 
(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. 10. 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(d) of 
rule XXI of the Rules of the House of Representatives. 
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SEC. 11. 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 
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 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. 12. 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. 
Passed the House of Representatives July 31, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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