I 

118TH CONGRESS 

1ST SESSION H. R. 122 

To amend the Fair Labor Standards Act to provide for the calculation 

of the minimum wage based on the Federal poverty threshold for a 

family of 4, as determined by the Bureau of the Census. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. GREEN of Texas introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the Fair Labor Standards Act to provide for 

the calculation of the minimum wage based on the Federal poverty threshold for a family of 4, as determined 

by the Bureau of the Census. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Original Living Wage 

5 Act’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) In 2015, there were approximately 

2 43,100,000 Americans living in poverty who were 

3 separated from the opportunities of the Nation by 

4 their income, their housing, and their access to edu5 cation, jobs, and health care. 

6 (2) A full-time worker earning the Federal min7 imum wage earns an income below the Federal pov8 erty threshold for a family of 4, consisting of 2 

9 adults and 2 children. 

10 (3) The average fair market rent for a 1-bed11 room apartment is more than 65 percent of the 

12 monthly income of a full-time worker earning the 

13 minimum wage. In comparison, the generally accept14 ed definition of affordability is for a household to 

15 pay not more than 30 percent of its income on hous16 ing. 

17 (4) Two full-time workers earning the Federal 

18 minimum wage earn an income below the national 

19 housing wage for a 1-bedroom apartment, the 

20 amount a person needs to earn to afford a 1-bed21 room apartment at average rent. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) the Federal minimum wage should, as a 

25 minimum, be adjusted every 4 years so that a person 


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1 working for such a wage may earn an annual income 

2 that is not less than 25.5 percent higher than the 

3 Federal poverty threshold for a family of 4, as deter4 mined by the Bureau of the Census; 

5 (2) the minimum wage should be set at a level 

6 high enough to allow 2 full-time minimum wage 

7 workers to earn an income above the national hous8 ing wage; and 

9 (3) Congress, any of the several States, the Dis10 trict of Columbia, any territory or possession of the 

11 United States, any Indian tribe, or any local or mu12 nicipal government of a State may establish a higher 

13 minimum wage requirement than that established in 

14 this Act. 

15 SEC. 3. MINIMUM WAGE. 

16 Section 6 of the Fair Labor Standards Act of 1938 

17 (29 U.S.C. 206) is amended— 

18 (1) in subsection (a)(1)— 

19 (A) by striking ‘‘and’’ at the end of sub20 paragraph (B); 

21 (B) by inserting ‘‘and’’ at the end of sub22 paragraph (C); and 

23 (C) by inserting at the end the following: 


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1 ‘‘(D) the amount determined by the Sec2 retary under subsection (b), beginning Sep3 tember 1, 2023;’’; and 

4 (2) by redesignating subsection (b) as sub5 section (c) and inserting after subsection (a) the fol6 lowing: 

7 ‘‘(b)(1) Subject to paragraph (2), not later than June 

8 1, 2023, and once every 4 years thereafter, the Secretary 

9 shall determine the minimum wage rate applicable under 

10 subsection (a)(1) based on the formula described in para11 graph (3). The Secretary shall publish such wage rate in 

12 the Federal Register not later than October 1 of each year. 

13 ‘‘(2) If the minimum wage rate determined by the 

14 Secretary under paragraph (1) would result in a lower 

15 minimum wage rate than the minimum wage rate in effect 

16 at the time of such determination, the Secretary may not 

17 adjust the minimum wage rate so in effect. 

18 ‘‘(3) The minimum wage rate determined by the Sec19 retary under paragraph (1) shall be the minimum hourly 

20 wage sufficient for a person working for such wage for 

21 40 hours per week, 52 weeks per year, to earn an annual 

22 income in an amount that is 25.5 percent higher than the 

23 Federal poverty threshold for a family of 4, with two chil24 dren under the age of 18, and living in any of the 48 con25 tiguous States, as published by the Bureau of the Census 


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1 for the year in which the wage rate is being so deter2 mined.’’. 

Æ 


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