[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