(B) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (6), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(7) 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)(C) shall not apply to instances 
in which an employee who has access to the wage informa-
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.’’. 
(d) ENHANCED PENALTIES.—Section 16(b) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 
amended— 
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(1) by inserting after the first sentence the fol-
lowing: ‘‘Any employer who violates section 6(d), or 
who violates the provisions of section 15(a)(3) in re-
lation to section 6(d), shall additionally be liable for 
such compensatory damages, or, where the employee 
demonstrates that the employer acted with malice or 
reckless indifference, punitive damages as may be 
appropriate, except 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’’; 
(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-
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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’’. 
(e) ACTION BY THE 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 
(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)’’; and 
(3) in the third sentence, by striking ‘‘the first 
sentence’’ and inserting ‘‘the first or second sen-
tence’’. 
(f) ENFORCEMENT AUTHORITY.— 
(1) IN GENERAL.—The Equal Opportunity Em-
ployment Commission shall carry out the functions 
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and authorities described in section 1 of Reorganiza-
tion Plan No. 1 of 1978 (92 Stat. 3781; 5 U.S.C. 
App.) to enforce and administer the provisions of 
section 6(d) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(d)), except that the Secretary 
of Labor, through the Office of Federal Contract 
Compliance Programs, may also enforce this provi-
sion with respect to Federal contractors, Federal 
subcontractors, and federally assisted construction 
contractors, within the jurisdiction of the Office of 
Federal Contract Compliance Programs under Exec-
utive Order No. 11246 (42 U.S.C. 2000e note; relat-
ing to equal employment opportunity) or a successor 
Executive order. 
(2) COORDINATION.—The Equal Opportunity 
Employment Commission shall issue such regula-
tions as may be necessary to explain and implement 
the standards of such section 6(d). The Secretary of 
Labor may issue regulations to govern procedures 
for enforcement of section 6(d) by the Office of Fed-
eral Contract Compliance Programs. The Secretary 
of Labor and the Equal Employment Opportunity 
Commission shall establish other coordinating mech-
anisms as may be necessary. 
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SEC. 3. TRAINING. 
The Equal Employment Opportunity Commission 
and the Secretary of Labor, acting through the Office of 
Federal Contract Compliance Programs, subject to the 
availability of funds appropriated under section 11, shall 
provide training to employees of the Commission and the 
Office of Federal Contract Compliance Programs and to 
affected individuals and entities on matters involving dis-
crimination in the payment of wages. 
SEC. 4. NEGOTIATION SKILLS TRAINING. 
(a) NEGOTIATION BIAS TRAINING.— 
(1) IN GENERAL.—The Secretary of Labor shall 
establish a program to award contracts and grants 
for the purpose of training employers about the role 
that salary negotiation and other inconsistent wage 
setting practices can have on allowing bias to enter 
compensation. 
(2) TRAINING TOPICS.—Each training program 
established using funds under section (a) shall in-
clude an overview of how structural issues may 
cause inequitable earning and advancement opportu-
nities for women and people of color and assist em-
ployers in examining the impact of a range of prac-
tices on such opportunities, including— 
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(A) self-auditing to identify structural 
issues that allow bias and inequity to enter 
compensation; 
(B) recruitment of candidates to ensure di-
verse pools of applicants; 
(C) salary negotiations that result in simi-
larly qualified workers entering at different 
rates of pay; 
(D) internal equity among workers with 
similar skills, effort, responsibility and working 
conditions; 
(E) consistent use of market rates and in-
centives driven by industry competitiveness; 
(F) evaluation of the rate of employee 
progress and advancement to higher paid posi-
tions; 
(G) work assignments that result in great-
er opportunity for advancement; 
(H) training, development and promotion 
opportunities; 
(I) impact of mid-level or senior level hir-
ing in comparison to wage rates of incumbent 
workers; 
(J) opportunities to win commissions and 
bonuses; 
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(K) performance reviews and raises; 
(L) processes for adjusting pay to address 
inconsistency and inequity in compensation; and 
(M) other topics that research identifies as 
a common area for assumptions, bias and in-
equity to impact compensation. 
(b) 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. 
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(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 
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). 
(c) 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 
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(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 
out by the Department of Labor that the Secretary 
of Labor determines to be appropriate. 
(d) REPORT.—Not later than 18 months after the 
date of enactment of this Act, and annually thereafter, 
the Secretary of Labor, in consultation with the Secretary 
of Education, shall prepare and submit to Congress a re-
port describing the activities conducted under this section 
and evaluating the effectiveness of such activities in 
achieving the purposes of this section. 
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, and periodically there-
after, the Secretary of Labor shall conduct studies and 
provide information to employers, labor organizations, and 
the general public concerning the means available to elimi-
nate pay disparities between men and women (including 
women who are Asian American, Black or African Amer-
ican, Hispanic American or Latino, Native American or 
Alaska Native, Native Hawaiian or Pacific Islander, and 
White American), including— 
(1) conducting and promoting research to de-
velop the means to correct expeditiously the condi-
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tions leading to the pay disparities, with specific at-
tention paid to women and girls from historically 
underrepresented and minority groups; 
(2) publishing and otherwise making available 
to employers, labor organizations, professional asso-
ciations, educational institutions, the media, and the 
general public the findings resulting from studies 
and other materials, relating to eliminating the pay 
disparities; 
(3) sponsoring and assisting State, local, and 
community informational and educational programs; 
(4) providing information to employers, labor 
organizations, professional associations, and other 
interested persons on the means of eliminating the 
pay disparities; and 
(5) recognizing and promoting the achievements 
of employers, labor organizations, and professional 
associations that have worked to eliminate the pay 
disparities. 
(b) RESEARCH ON GENDER PAY GAP IN TEENAGE 
LABOR FORCE.— 
(1) RESEARCH
REVIEW.—Not later than 12 
months after the date of the enactment of this Act, 
the Secretary of Labor, acting through the Director 
of the Women’s Bureau, shall conduct a review and 
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develop a synthesis of research on the gender wage 
gap among younger workers existing as of the date 
of enactment of this Act, and shall make such review 
and synthesis available on a publicly accessible 
website of the Department of Labor. 
(2) AUTHORITY TO COMMISSION STUDIES.—Not 
later than 36 months after the date of the enact-
ment of this Act, the Secretary of Labor, acting 
through the Director of the Women’s Bureau, shall 
request proposals and commission studies that can 
advance knowledge on the gender wage gap among 
younger workers, and shall make such studies avail-
able on a publicly accessible website of the Depart-
ment of Labor. 
SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR 
PAY EQUITY IN THE WORKPLACE. 
(a) IN GENERAL.—There is established the National 
Award for Pay Equity in the Workplace, which shall be 
awarded by the Secretary of Labor in consultation with 
the Equal Employment Opportunity Commission, on an 
annual basis, to an employer to encourage proactive ef-
forts to comply with section 6(d) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(d)), as amended by this 
Act. 
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(3) an entity carrying out a joint program, 
formed by a combination of any entities described in 
paragraph (1) or (2). 
SEC. 7. 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 24 months after the date of 
enactment of this subsection, the Commission shall pro-
vide for the annual collection from employers of compensa-
tion data disaggregated by the sex, race, and national ori-
gin of employees. The Commission may also require em-
ployers to submit other employment-related data (includ-
ing hiring, termination, and promotion data) so 
disaggregated. 
‘‘(2) In carrying out 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. The Commission 
shall also consider factors including the imposition of bur-
dens on employers, the frequency of required reports (in-
cluding the size of employers required to prepare reports), 
appropriate protections for maintaining data confiden-
tiality, and the most effective format to report such data. 
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‘‘(3)(A) For each 12-month reporting period for an 
employer, the data collected under paragraph (1) shall in-
clude compensation data disaggregated by the categories 
described in subparagraph (E). 
‘‘(B) For the purposes of collecting the disaggregated 
compensation data described in subparagraph (A), the 
Commission may use compensation ranges reporting— 
‘‘(i) the number of employees of the employer 
who earn compensation in an amount that falls with-
in such compensation range; and 
‘‘(ii) the total number of hours worked by such 
employees. 
‘‘(C) If the Commission uses compensation ranges to 
collect the pay data described in subparagraph (A), the 
Commission may adjust such compensation ranges— 
‘‘(i) if the Commission determines that such ad-
justment is necessary to enhance enforcement of 
Federal laws prohibiting pay discrimination; or 
‘‘(ii) for inflation, in consultation with the Bu-
reau of Labor Statistics. 
‘‘(D) In collecting data described in subparagraph 
(A)(ii), the Commission may provide that, with respect to 
an employee who the employer is not required to com-
pensate for overtime employment under section 7 of the 
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Fair Labor Standards Act of 1938 (29 U.S.C. 207), an 
employer may report— 
‘‘(i) in the case of a full-time employee, that 
such employee works 40 hours per week, and in the 
case of a part-time employee, that such employee 
works 20 hours per week; or 
‘‘(ii) the actual number of hours worked by 
such employee. 
‘‘(E) The categories described in this subparagraph 
shall be determined by the Commission and shall in-
clude— 
‘‘(i) race; 
‘‘(ii) national origin; 
‘‘(iii) sex; and 
‘‘(iv) job categories, including the job categories 
described in the instructions for the Equal Employ-
ment Opportunity Employer Information Report 
EEO–1, as in effect on the date of the enactment 
of this subsection. 
‘‘(F) The Commission shall use the compensation 
data collected under paragraph (1)— 
‘‘(i) to enhance— 
‘‘(I) the investigation of charges filed 
under section 706 or section 6(d) of the Fair 
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Labor Standards Act of 1938 (29 U.S.C. 
206(d)); and 
‘‘(II) the allocation of resources to inves-
tigate such charges; and 
‘‘(ii) for any other purpose that the Commission 
determines appropriate. 
‘‘(G) The Commission shall at 18-month intervals 
make publicly available aggregate compensation data col-
lected under paragraph (1) for the categories described in 
subparagraph (E), disaggregated by industry, occupation, 
and core based statistical area (as defined by the Office 
of Management and Budget). 
‘‘(4) The compensation data under paragraph (1) 
shall be collected from each employer that— 
‘‘(A) is a private employer that has 100 or 
more employees, including such an employer that is 
a contractor with the Federal Government, or a sub-
contractor at any tier thereof; or 
‘‘(B) the Commission determines appropriate.’’. 
SEC. 8. 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. 
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(b) OFFICE OF FEDERAL CONTRACT COMPLIANCE 
PROGRAMS INITIATIVES.—The Director of the Office of 
Federal Contract Compliance Programs shall collect com-
pensation data and other employment-related data (in-
cluding, hiring, termination, and promotion data) by de-
mographics and designate not less than half of all non-
construction contractors each year to prepare and file such 
data, and shall review and utilize the responses to such 
data to identify contractors 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. 
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SEC. 9. PROHIBITIONS RELATING TO PROSPECTIVE EM-
PLOYEES’ SALARY AND BENEFIT HISTORY. 
(a) IN GENERAL.—The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) is amended by inserting 
after section 7 the following new section: 
‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 
WAGE, SALARY, AND BENEFIT HISTORY. 
‘‘(a) IN GENERAL.—It shall be an unlawful practice 
for an employer to— 
‘‘(1) rely on the wage history of a prospective 
employee in considering the prospective employee for 
employment, including requiring that a prospective 
employee’s prior wages satisfy minimum or max-
imum criteria as a condition of being considered for 
employment; 
‘‘(2) rely on the wage history of a prospective 
employee in determining the wages for such prospec-
tive employee, except that an employer may rely on 
wage history if it is voluntarily provided by a pro-
spective employee, after the employer makes an offer 
of employment with an offer of compensation to the 
prospective employee, to support a wage higher than 
the wage offered by the employer; 
‘‘(3) seek from a prospective employee or any 
current or former employer the wage history of the 
prospective employee, except that an employer may 
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seek to confirm prior wage information only after an 
offer of employment with compensation has been 
made to the prospective employee and the prospec-
tive employee responds to the offer by providing 
prior wage information to support a wage higher 
than that offered by the employer; or 
‘‘(4) discharge or in any other manner retaliate 
against any employee or prospective employee be-
cause the employee or prospective employee— 
‘‘(A) opposed any act or practice made un-
lawful by this section; or 
‘‘(B) took an action for which discrimina-
tion is forbidden under section 15(a)(3). 
‘‘(b) DEFINITION.—In this section, the term ‘wage 
history’ means the wages paid to the prospective employee 
by the prospective employee’s current employer or previous 
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 
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‘‘(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-
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. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK 
FORCE. 
(a) IN GENERAL.—There is established the National 
Equal Pay Enforcement Task Force, consisting of rep-
resentatives from the Equal Employment Opportunity 
Commission, the Department of Justice, the Department 
of Labor, and the Office of Personnel Management. 
(b) MISSION.—In order to improve compliance, public 
education, and enforcement of equal pay laws, the Na-
tional Equal Pay Enforcement Task Force will ensure that 
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the agencies in subsection (a) are coordinating efforts and 
limiting potential gaps in enforcement. 
(c) DUTIES.—The National Equal Pay Enforcement 
Task Force shall investigate challenges related to pay in-
equity pursuant to its mission in subsection (b), advance 
recommendations to address those challenges, and create 
action plans to implement the recommendations. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary 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 enterprises in 
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complying with the requirements of this Act and the 
amendments made by this Act. 
(c) SMALL BUSINESSES.—A small enterprise shall be 
exempt from the provisions of this Act, and the amend-
ments made by this Act, to the same extent that such en-
terprise is exempt from the requirements of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pur-
suant to clauses (i) and (ii) of section 3(s)(1)(A) of such 
Act (29 U.S.C. 203(s)(1)(A)). 
SEC. 13. NOTICE REQUIREMENTS. 
(a) IN GENERAL.—Each employer shall post and 
keep posted, in conspicuous places on the premises of the 
employer where notices to employees are customarily post-
ed, a notice, to be prepared or approved by the Equal Em-
ployment Opportunity Commission and the Secretary of 
Labor, of the requirements described in this Act (or the 
amendments made by such Act). 
(b) RELATION TO EXISTING NOTICES.—The notice 
under subsection (a) may be incorporated into notices re-
quired of the employer as of the date of enactment of this 
Act. 
(c) DIGITAL NOTICE.—With respect to the notice 
under subsection (a), each employer shall— 
(1) post electronic copies of the notice on an in-
ternal website to which employees have access; and 
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(2) notify employees on such internal website of 
the location of the place on the premises where the 
notice is posted. 
SEC. 14. 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 being subject to any penalties, fines, or 
other sanctions. 
SEC. 15. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of that provision or amend-
ment to particular persons or circumstances is held invalid 
or found to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, or the application of 
that provision to other persons or circumstances shall not 
be affected. 
Æ 
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00:16 Mar 11, 2023
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