To provide for increases in the Federal minimum wage.

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.
______