This Act adjusts corporate income tax rates based on the CEO-to-median-worker pay ratio and grants federal contracting preference to companies with lower executive compensation gaps.
Mark DeSaulnier
Representative
CA-10
The CEO Accountability and Responsibility Act ties a publicly traded corporation's federal income tax rate directly to the ratio between its CEO's compensation and its median worker's pay. Companies with higher executive-to-worker pay gaps will face higher tax rates, with additional penalties for shifting domestic jobs overseas or to contractors. Furthermore, federal agencies must grant contracting preferences to businesses whose executive pay ratio is less than 50-to-1.
The newly introduced CEO Accountability and Responsibility Act aims to tackle huge gaps between executive pay and what the average employee earns. Essentially, this bill uses the corporate tax code and government contracts to force publicly traded companies to narrow the distance between the corner office and the shop floor.
Section 2 of the bill introduces a massive change to corporate income tax: the rate a publicly traded company pays will now be adjusted based on its CEO-to-median-worker pay ratio. The ratio is straightforward: take the CEO’s total compensation (including stock options and all the extras reported to the SEC) and divide it by the median pay of all U.S. employees (just their basic wages, defined by Section 3121(a)). If that ratio is high, the corporate tax rate goes up by an amount determined by an unspecified “specific table.” This means companies with massive pay gaps will suddenly face a higher tax bill, creating a direct financial incentive to either boost median worker pay or scale back executive compensation.
If you thought the tax adjustment was the main event, check out the penalty for job shifting. The bill includes a major anti-outsourcing provision designed to protect domestic jobs. If a company cuts its total number of full-time U.S. employees by more than 10% in one year and increases its use of contracted employees or foreign workers, the tax rate adjustment they already calculated gets hit with an additional 50% increase. For a company like a major tech firm or a manufacturer, this could turn a manageable tax increase into a crippling one. It’s a clear shot across the bow: if you try to game the pay ratio by shedding domestic jobs and replacing them with cheaper labor overseas or through contractors, you’ll pay for it.
Section 3 of the Act focuses on federal procurement, creating a “good behavior” incentive. When a government agency is looking to award a contract for goods or services, they must give preference to companies that had a compensation ratio of less than 50-to-1 in the preceding calendar year. This is a huge deal for businesses seeking lucrative federal contracts. Say you have two equally qualified construction firms bidding on a massive infrastructure project: if Firm A’s CEO makes 60 times the median worker’s salary, and Firm B’s CEO makes 45 times, Firm B gets the advantage. This provision could push companies vying for government work—from defense contractors to IT service providers—to actively manage their pay disparities to stay competitive.
While the intent is clear—to reduce pay inequity and protect U.S. jobs—the implementation will be messy. The bill uses complex definitions for calculating employee counts, including “Annual Full-Time Equivalent” for both hourly and salaried workers. Companies will need to meticulously track hours, wages, and compensation for every single employee, contractor, and foreign worker to avoid the severe penalties. For publicly traded corporations with complicated global structures, this introduces a massive new layer of administrative burden and compliance risk. Furthermore, the Secretary of the Treasury is tasked with writing all the necessary regulations, meaning the real impact of this bill hinges entirely on how strictly those rules are written and enforced.