I 
117TH 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 4, 2021 
Mr. GREEN of Texas introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To amend the Fair Labor Standards Act to provide for 
the calculation of the minimum wage based on the Fed-
eral poverty threshold for a family of 4, as determined 
by the Bureau of the Census. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Original Living Wage 
Act’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) 
In 
2015, 
there 
were 
approximately 
43,100,000 Americans living in poverty who were 
separated from the opportunities of the Nation by 
their income, their housing, and their access to edu-
cation, jobs, and health care. 
(2) A full-time worker earning the Federal min-
imum wage earns an income below the Federal pov-
erty threshold for a family of 4, consisting of 2 
adults and 2 children. 
(3) The average fair market rent for a 1-bed-
room apartment is more than 65 percent of the 
monthly income of a full-time worker earning the 
minimum wage. In comparison, the generally accept-
ed definition of affordability is for a household to 
pay not more than 30 percent of its income on hous-
ing. 
(4) Two full-time workers earning the Federal 
minimum wage earn an income below the national 
housing wage for a 1-bedroom apartment, the 
amount a person needs to earn to afford a 1-bed-
room apartment at average rent. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Federal minimum wage should, as a 
minimum, be adjusted every 4 years so that a person 
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working for such a wage may earn an annual income 
that is not less than 25.5 percent higher than the 
Federal poverty threshold for a family of 4, as deter-
mined by the Bureau of the Census; 
(2) the minimum wage should be set at a level 
high enough to allow 2 full-time minimum wage 
workers to earn an income above the national hous-
ing wage; and 
(3) Congress, any of the several States, the Dis-
trict of Columbia, any territory or possession of the 
United States, any Indian tribe, or any local or mu-
nicipal government of a State may establish a higher 
minimum wage requirement than that established in 
this Act. 
SEC. 3. MINIMUM WAGE. 
Section 6 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B); 
(B) by inserting ‘‘and’’ at the end of sub-
paragraph (C); and 
(C) by inserting at the end the following: 
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‘‘(D) the amount determined by the Sec-
retary under subsection (b), beginning Sep-
tember 1, 2021;’’; and 
(2) by redesignating subsection (b) as sub-
section (c) and inserting after subsection (a) the fol-
lowing: 
‘‘(b)(1) Subject to paragraph (2), not later than June 
1, 2021, and once every 4 years thereafter, the Secretary 
shall determine the minimum wage rate applicable under 
subsection (a)(1) based on the formula described in para-
graph (3). The Secretary shall publish such wage rate in 
the Federal Register not later than October 1 of each year. 
‘‘(2) If the minimum wage rate determined by the 
Secretary under paragraph (1) would result in a lower 
minimum wage rate than the minimum wage rate in effect 
at the time of such determination, the Secretary may not 
adjust the minimum wage rate so in effect. 
‘‘(3) The minimum wage rate determined by the Sec-
retary under paragraph (1) shall be the minimum hourly 
wage sufficient for a person working for such wage for 
40 hours per week, 52 weeks per year, to earn an annual 
income in an amount that is 25.5 percent higher than the 
Federal poverty threshold for a family of 4, with two chil-
dren under the age of 18, and living in any of the 48 con-
tiguous States, as published by the Bureau of the Census 
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for the year in which the wage rate is being so deter-
mined.’’. 
Æ 
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