[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9873 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9873 To amend the Fair Labor Standards Act of 1938 and the Internal Revenue Code of 1986 to make certain modifications in relation to the minimum wage. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 27, 2024 Ms. Lee of Pennsylvania (for herself, Ms. Lee of California, Mr. Jackson of Illinois, Ms. Tlaib, Ms. Bush, Ms. Schakowsky, Ms. McCollum, Mrs. Ramirez, and Mr. Huffman) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 and the Internal Revenue Code of 1986 to make certain modifications in relation to the minimum wage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Stability Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MINIMUM WAGE Sec. 101. Minimum wage increases. Sec. 102. Tipped employees. Sec. 103. Scheduled repeal of separate minimum wage for newly hired employees who are less than 20 years old. Sec. 104. Publication of notice. Sec. 105. Promoting economic self-sufficiency for individuals with disabilities. TITLE II--INCOME TAX MODIFICATIONS Sec. 201. Modification of income tax brackets based on annualized stability wage. Sec. 202. Surcharge on high income individuals, estates, and trusts. Sec. 203. Alternative maximum tax for low-income individuals. TITLE III--EARNED INCOME DISALLOWANCE Sec. 301. Earned income disallowance. TITLE IV--EFFECTIVE DATE Sec. 401. Effective date. TITLE I--MINIMUM WAGE SEC. 101. MINIMUM WAGE INCREASES. (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $15.00 an hour for the first calendar year beginning after the date of enactment of the American Stability Act; ``(B) for each calendar year during the interval period (as defined in subsection (g)), a minimum wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of-- ``(i) 10 percent; or ``(ii) the amount necessary for the minimum wage to equal the stability wage for such calendar year; and ``(C) for each calendar year that begins after the interval period, the stability wage for such calendar year.''. (b) Stability Wage.--Section 6 of such Act (29 U.S.C. 206) is further amended by adding at the end the following: ``(h) Stability Wage.-- ``(1) In general.-- ``(A) Determination.--The stability wage determined under this paragraph for a calendar year shall be an amount equal to the greater of-- ``(i) the average hourly earnings wage determined under paragraph (2) for that calendar year; ``(ii) the cost-of-living wage determined under paragraph (3) for that calendar year; or ``(iii) the stability wage in effect for the preceding year. ``(B) Rounding.--If the amount determined under subparagraph (A) is not a multiple of 5 cents, such amount shall be rounded to the next higher multiple of 5 cents. ``(2) Average hourly earnings wage.--The average hourly earnings wage for any calendar year shall be an amount equal to $20.00, multiplied by the ratio of-- ``(A) the average hourly earnings for the year preceding such calendar year, to ``(B) the average hourly earnings for the year preceding the calendar year of the date of enactment of the American Stability Act. ``(3) Cost-of-living wage.--The cost-of-living wage for any calendar year shall be an amount equal to $20.00, multiplied by the ratio of-- ``(A) the CPI-U for the year preceding such calendar year, to ``(B) the CPI-U for the year preceding the calendar year of the date of enactment of the American Stability Act. ``(4) Definitions.--For the purposes of this paragraph and subsection (a)(1): ``(A) CPI-U.--The term `CPI-U' means, when used with respect to a calendar year, the Consumer Price Index for all urban consumers, as published by the Bureau of Labor Statistics, for September of such year. ``(B) Average hourly earnings.--The term `average hourly earnings' means, when used with respect to a calendar year, the total private average hourly earnings from the data on average hourly and weekly earnings of production and nonsupervisory employees on private nonfarm payrolls by industry sector, seasonally adjusted, as published by the Bureau of Labor Statistics, for September of such year. ``(C) Interval period.--The term `interval period' means the period-- ``(i) beginning on the first day of the 1st calendar year beginning after the date of enactment of the American Stability Act; and ``(ii) ending at the close of the last day of the first calendar year for which the minimum wage under subsection (a)(1) equals the stability wage determined under paragraph (1) of this subsection for such calendar year.''. SEC. 102. TIPPED EMPLOYEES. (a) Base Minimum Wage for Tipped Employees and Tips Retained by Employees.-- (1) In general.--Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) shall be amended to read as follows: ``(A) The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1). Any employee shall have the right to retain any tips received by such employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips. An employer shall inform each employee of the right and exception provided under the preceding sentence.''. (2) Effective date.--The amendment made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. (b) Penalties.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in the third sentence of subsection (b), by inserting ``or used'' after ``kept''; and (2) in the second sentence of subsection (e)(2), by inserting ``or used'' after ``kept''. SEC. 103. SCHEDULED REPEAL OF SEPARATE MINIMUM WAGE FOR NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS OLD. (a) In General.--Section 6(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)), as amended by subsection (a), shall be repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. SEC. 104. PUBLICATION OF NOTICE; TECHNICAL ASSISTANCE. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by section 2(b), is further amended by adding at the end the following: ``(i) Publication of Wage Rates.--Not later than 60 days prior to the effective date of any increase in the required wage determined under subsection (a)(1), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage. ``(j) Transition Assistance.--Upon request, the Secretary shall provide-- ``(1) technical assistance and information to employers for the purposes of-- ``(A) assisting such employers to comply with subsection (a), as amended by the American Stability Act; and ``(B) ensuring continuing employment opportunities for individuals with disabilities who received a special minimum wage rate under this section 14(c) (as in effect on the day before the date of enactment of the American Stability Act); and ``(2) information to individuals who were employed at a special minimum wage rate under section 14(c) (as in effect on the day before the date of enactment of the American Stability Act), which may include referrals to Federal or State entities with expertise in competitive integrated employment.''. SEC. 105. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR INDIVIDUALS WITH DISABILITIES. (a) Transition to Fair Wages for Individuals With Disabilities.-- (1) In general.--Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) shall be amended to read as follows: ``(A) at a rate that equals or exceeds, for each year, the wage set forth in section 6(a)(1).''. (2) Effective date.--The amendment made by paragraph (A) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. (b) Prohibition on New Special Certificates.-- (1) In general.--Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) is amended by adding at the end the following: ``(6) Prohibition on New Special Certificates.--Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the American Stability Act.''. (2) Sunset.--Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as amended by paragraph (2), is further amended by adding at the end the following: ``(7) Sunset.--On January 1 of the first calendar year that begins after the date of enactment of the American Stability Act, the authority to issue special certificates under paragraph (1) shall expire, and no special certificates issued under paragraph (1) shall have any legal effect .''. (3) Effective date.--The amendments made by this paragraph shall take effect on the date of enactment of this Act. TITLE I--INCOME TAX MODIFICATIONS SEC. 1. MODIFICATION OF INCOME TAX BRACKETS BASED ON ANNUALIZED STABILITY WAGE. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended by striking subsections (a), (b), (c), (d), and (e) and inserting the following new subsections: ``(a) In General.--There is hereby imposed on the taxable income of every individual, every estate, and every trust a tax determined under this section. ``(b) Amount of Tax.--The tax determined under this section shall be equal to-- ``(1) in the case of any taxpayer whose taxable income does not exceed the maximum bracket amount for the lowest tax bracket for the taxpayer's filing status, the product of the percentage which constitutes such lowest tax bracket multiplied by such taxable income, and ``(2) in the case of any taxpayer whose taxable income exceeds the maximum bracket amount for such lowest tax bracket, the sum of-- ``(A) the maximum tax amount for each tax bracket for the taxpayer's filing status with respect to which the taxpayer's taxable income exceeds the maximum bracket amount for such tax bracket, plus ``(B) the product of-- ``(i) the percentage which constitutes the tax bracket for the taxpayer's filing status which is next above the highest bracket amount for which an amount is included under subparagraph (A), multiplied by ``(ii) so much of the taxable income of the taxpayer as exceeds the maximum bracket amount of such highest tax bracket. ``(c) Determination of Maximum Bracket Amounts.-- ``(1) Married individuals filing joint returns and surviving spouses.--In the case of every married individual (as defined in section 7703) who makes a single return jointly with the individual's spouse under section 6013, and every surviving spouse-- ``(A) the maximum bracket amount for the 10 percent bracket is the product of 0.56 multiplied by the annualized stability wage for the taxable year, ``(B) the maximum bracket amount for the 12 percent bracket is the product of 2.28 multiplied by the annualized stability wage for the taxable year, ``(C) the maximum bracket amount for the 22 percent bracket is the product of 4.8 multiplied by the annualized stability wage for the taxable year, ``(D) the maximum bracket amount for the 24 percent bracket is the product of 9.2 multiplied by the annualized stability wage for the taxable year, ``(E) the maximum bracket amount for the 32 percent bracket is the product of 11.6 multiplied by the annualized stability wage for the taxable year, ``(F) the maximum bracket amount for the 35 percent bracket is the product of 17.6 multiplied by the annualized stability wage for the taxable year, and ``(G) the maximum bracket amount for the 37 percent bracket is infinite. ``(2) Heads of households.--In the case of every head of household-- ``(A) the maximum bracket amount for the 10 percent bracket is the product of 0.42 multiplied by the annualized stability wage for the taxable year, ``(B) the maximum bracket amount for the 12 percent bracket is the product of 1.52 multiplied by the annualized stability wage for the taxable year, ``(C) the maximum bracket amount for the 22 percent bracket is the product of 2.4 multiplied by the annualized stability wage for the taxable year, ``(D) the maximum bracket amount for the 24 percent bracket is the product of 4.6 multiplied by the annualized stability wage for the taxable year, ``(E) the maximum bracket amount for the 32 percent bracket is the product of 5.8 multiplied by the annualized stability wage for the taxable year, ``(F) the maximum bracket amount for the 35 percent bracket is the product of 14.6 multiplied by the annualized stability wage for the taxable year, and ``(G) the maximum bracket amount for the 37 percent bracket is infinite. ``(3) Unmarried individuals (other than surviving spouses and heads of households).--In the case of every individual (other than a surviving spouse or a head of household) who is not a married individual (as defined in section 7703)-- ``(A) the maximum bracket amount for the 10 percent bracket is the product of 0.28 multiplied by the annualized stability wage for the taxable year, ``(B) the maximum bracket amount for the 12 percent bracket is the product of 1.14 multiplied by the annualized stability wage for the taxable year, ``(C) the maximum bracket amount for the 22 percent bracket is the product of 2.4 multiplied by the annualized stability wage for the taxable year, ``(D) the maximum bracket amount for the 24 percent bracket is the product of 4.6 multiplied by the annualized stability wage for the taxable year, ``(E) the maximum bracket amount for the 32 percent bracket is the product of 5.8 multiplied by the annualized stability wage for the taxable year, ``(F) the maximum bracket amount for the 35 percent bracket is the product of 14.6 multiplied by the annualized stability wage for the taxable year, and ``(G) the maximum bracket amount for the 37 percent bracket is infinite. ``(4) Married individuals filing separate returns.--In the case of every married individual (as defined in section 7703) who does not make a single return jointly with the individual's spouse under section 6013-- ``(A) the maximum bracket amount for the 10 percent bracket is the product of 0.28 multiplied by the annualized stability wage for the taxable year, ``(B) the maximum bracket amount for the 12 percent bracket is the product of 1.14 multiplied by the annualized stability wage for the taxable year, ``(C) the maximum bracket amount for the 22 percent bracket is the product of 2.4 multiplied by the annualized stability wage for the taxable year, ``(D) the maximum bracket amoun