[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Pages S1208-S1209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 972. Mr. SANDERS (for himself, Mr. Schumer, Mrs. Murray, Mr. 
Wyden, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr. Brown, Ms. 
Cantwell, Mr. Casey, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mrs. 
Gillibrand, Ms. Hirono, Mr. Kaine, Mr. Leahy, Mr. Markey, Mr. Merkley, 
Mr. Murphy, Mr. Ossoff, Mr. Padilla, Mr. Peters, Mr. Reed, Mr. Schatz, 
Ms. Smith, Mr. Van Hollen, Mr. Warnock, Ms. Warren, and Mr. Whitehouse) 
submitted an amendment intended to be proposed to amendment SA 891 
proposed by Mr. Schumer to the bill H.R. 1319, to provide for 
reconciliation pursuant to title II of S. Con. Res. 5; which was 
ordered to lie on the table; as follows:

        At the end of title II, add the following:

            Subtitle M--Increasing the Federal Minimum Wage

     SEC. 2931. SHORT TITLE.

       This subtitle may be cited as the ``Raise the Wage Act of 
     2021''.

     SEC. 2932. 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) $9.50 an hour, beginning on the effective date under 
     section 2937 of the Raise the Wage Act of 2021;
       ``(B) $11.00 an hour, beginning 1 year after such effective 
     date;
       ``(C) $12.50 an hour, beginning 2 years after such 
     effective date;
       ``(D) $14.00 an hour, beginning 3 years after such 
     effective date;
       ``(E) $15.00 an hour, beginning 4 years after such 
     effective date; and
       ``(F) beginning on the date that is 5 years after such 
     effective date, and annually thereafter, the amount 
     determined by the Secretary under subsection (h);''.
       (b) Determination Based on Increase in the Median Hourly 
     Wage of All Employees.--Section 6 of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206) is amended by adding at the end 
     the following:
       ``(h)(1) Not later than each date that is 90 days before a 
     new minimum wage determined under subsection (a)(1)(F) is to 
     take effect, the Secretary shall determine the minimum wage 
     to be in effect under this subsection for each period 
     described in subsection (a)(1)(F). The wage determined under 
     this subsection for a year shall be--
       ``(A) not less than the amount in effect under subsection 
     (a)(1) on the date of such determination;
       ``(B) increased from such amount by the annual percentage 
     increase, if any, in the median hourly wage of all employees 
     as determined by the Bureau of Labor Statistics; and
       ``(C) rounded up to the nearest multiple of $0.05.
       ``(2) In calculating the annual percentage increase in the 
     median hourly wage of all employees for purposes of paragraph 
     (1)(B), the Secretary, through the Bureau of Labor 
     Statistics, shall compile data on the hourly wages of all 
     employees to determine such a median hourly wage and compare 
     such median hourly wage for the most recent year for which 
     data are available with the median hourly wage determined for 
     the preceding year.''.

     SEC. 2933. TIPPED EMPLOYEES.

       (a) Base Minimum Wage for Tipped Employees and Tips 
     Retained by Employees.--Section 3(m)(2)(A)(i) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is 
     amended to read as follows:
       ``(i) the cash wage paid such employee, which for purposes 
     of such determination shall be not less than--
       ``(I) for the 1-year period beginning on the effective date 
     under section 2937 of the Raise the Wage Act of 2021, $4.95 
     an hour;
       ``(II) for each succeeding 1-year period until the hourly 
     wage under this clause equals the wage in effect under 
     section 6(a)(1) for such period, an hourly wage equal to the 
     amount determined under this clause for the preceding year, 
     increased by the lesser of--
       ``(aa) $2.00; or
       ``(bb) the amount necessary for the wage in effect under 
     this clause to equal the wage in effect under section 6(a)(1) 
     for such period, rounded up to the nearest multiple of $0.05; 
     and
       ``(III) for each succeeding 1-year period after the 
     increase made pursuant to subclause (II), the minimum wage in 
     effect under section 6(a)(1); and''.
       (b) Tips Retained by Employees.--Section 3(m)(2)(A) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is 
     amended--
       (1) in the second sentence of the matter following clause 
     (ii), by striking ``of this subsection, and all tips received 
     by such employee have been retained by the employee'' and 
     inserting ``of this subsection. Any employee shall have the 
     right to retain any tips received by such employee''; and
       (2) by adding at the end the following: ``An employer shall 
     inform each employee of the right and exception provided 
     under the preceding sentence.''.
       (c) Scheduled Repeal of Separate Minimum Wage for Tipped 
     Employees.--
       (1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 
     subsections (a) and (b), is further amended by striking the 
     sentence beginning with ``In determining the wage an employer 
     is required to pay a tipped employee,'' and all that follows 
     through ``of this subsection.'' and inserting ``The wage 
     required to be paid to a tipped employee shall be the wage 
     set forth in section 6(a)(1).''.
       (2) Publication of notice.--Subsection (i) of section 6 of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as 
     amended by section 2935, is further amended by striking ``or 
     in accordance with subclause (II) or (III) of section 
     3(m)(2)(A)(i)''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall take effect on the date that is 1 day after the 
     date on which the hourly wage under subclause (III) of 
     section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a), 
     takes effect.
       (d) 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. 2934. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS 
                   OLD.

       (a) Base Minimum Wage for Newly Hired Employees Who Are 
     Less Than 20 Years Old.--Section 6(g)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by 
     striking ``a wage which is not less than $4.25 an hour.'' and 
     inserting the following: ``a wage at a rate that is not less 
     than--
       ``(A) for the 1-year period beginning on the effective date 
     under section 2937 of the Raise the Wage Act of 2021, $6.00 
     an hour;
       ``(B) for each succeeding 1-year period until the hourly 
     wage under this paragraph equals the wage in effect under 
     section 6(a)(1) for such period, an hourly wage equal to the 
     amount determined under this paragraph for the preceding 
     year, increased by the lesser of--
       ``(i) $1.75; or
       ``(ii) the amount necessary for the wage in effect under 
     this paragraph to equal the wage in effect under section 
     6(a)(1) for such period, rounded up to the nearest multiple 
     of $0.05; and
       ``(C) for each succeeding 1-year period after the increase 
     made pursuant to subparagraph (B)(ii), the minimum wage in 
     effect under section 6(a)(1).''.
       (b) Scheduled Repeal of Separate Minimum Wage for Newly 
     Hired Employees Who Are Less Than 20 Years Old.--
       (1) 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.
       (2) Publication of notice.--Subsection (i) of section 6 of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as 
     amended by section 2933(c)(2), is further amended by striking 
     ``or subparagraph (B) or (C) of subsection (g)(1),''.
       (3) Effective date.--The repeal and amendment made by 
     paragraphs (1) and (2), respectively, shall take effect on 
     the date that is 1 day after the date on which the

[[Page S1209]]

     hourly wage under subparagraph (C) of section 6(g)(1) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as 
     amended by subsection (a), takes effect.

     SEC. 2935. PUBLICATION OF NOTICE.

       Section 6 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206), as amended by the preceding sections, is further 
     amended by adding at the end the following:
       ``(i) Not later than 60 days prior to the effective date of 
     any increase in the required wage determined under subsection 
     (a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in 
     accordance with subclause (II) or (III) of section 
     3(m)(2)(A)(i) or section 14(c)(1)(A), 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.''.

     SEC. 2936. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR 
                   INDIVIDUALS WITH DISABILITIES.

       (a) Wages.--
       (1) Transition to fair wages for individuals with 
     disabilities.--Subparagraph (A) of section 14(c)(1) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is 
     amended to read as follows:
       ``(A) at a rate that equals or exceeds, for each year, the 
     greater of--
       ``(i)(I) $5.00 an hour, beginning on the effective date 
     under section 2937 of the Raise the Wage Act of 2021;
       ``(II) $7.50 an hour, beginning 1 year after such effective 
     date;
       ``(III) $10.00 an hour, beginning 2 years after such 
     effective date;
       ``(IV) $12.50 an hour, beginning 3 years after such 
     effective date;
       ``(V) $15.00 an hour, beginning 4 years after such 
     effective date; and
       ``(VI) the wage rate in effect under section 6(a)(1), 
     beginning 5 years after such effective date; or
       ``(ii) if applicable, the wage rate in effect on the day 
     before the date of enactment of the Raise the Wage Act of 
     2021 for the employment, under a special certificate issued 
     under this paragraph, of the individual for whom the wage 
     rate is being determined under this subparagraph,''.
       (2) Prohibition on new special certificates; sunset.--
     Section 14(c) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 214(c)) (as amended by paragraph (1)) is further 
     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 Raise the Wage 
     Act of 2021.
       ``(7) Sunset.--Beginning on the day after the date on which 
     the wage rate described in paragraph (1)(A)(i)(VI) takes 
     effect, the authority to issue special certificates under 
     paragraph (1) shall expire, and no special certificates 
     issued under paragraph (1) shall have any legal effect.
       ``(8) Transition assistance.--Upon request, the Secretary 
     shall provide--
       ``(A) technical assistance and information to employers 
     issued a special certificate under this subsection for the 
     purposes of--
       ``(i) assisting such employers to comply with this 
     subsection, as amended by the Raise the Wage Act of 2021; and
       ``(ii) ensuring continuing employment opportunities for 
     individuals with disabilities receiving a special minimum 
     wage rate under this subsection; and
       ``(B) information to individuals employed at a special 
     minimum wage rate under this subsection, which may include 
     referrals to Federal or State entities with expertise in 
     competitive integrated employment.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act.
       (b) Publication of Notice.--
       (1) Amendment.--Subsection (i) of section 6 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206), as amended by 
     section 2934(b)(2), is further amended by striking ``or 
     section 14(c)(1)(A),''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the day after the date on which the wage 
     rate described in paragraph (1)(A)(i)(VI) of section 14(c) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as 
     amended by subsection (a)(1), takes effect.

     SEC. 2937. GENERAL EFFECTIVE DATE.

       Except as otherwise provided in this subtitle, or the 
     amendments made by this subtitle, this subtitle and the 
     amendments made by this subtitle shall take effect on the 
     first day of the third month that begins after the date of 
     the enactment of this Act.
                                 ______